UC-NRLF 


ISb     77b 


GTPT 

FFn    18 


LUNACY  LAW 


OF   THE 


STATE  OF  CALIFORNIA 


1913 


FBIEND  WM.  EICHAEDSON,  SUPERINTENDENT  OF  STATE  PBINTING 

SACRAMENTO,  CALIFORNIA 

1913 


The  Lunacy  Law  of  the  State  of  California 
as  of  September  1,  1913. 

The  following  laws  should  be  n-nd  in  conjunction  with  the  Lunacy  Law: 

Act  creating  Board  of  Control.  Statui.-s  I'.UI.  Chapter  .'MO.  (Also  the 
rules  adopted  by  tin-  Board  «.f  Control.) 

Civil  Service  Law.  Statutes  ill].'!,  Chapter  590,  page  1035  (and  such 
rules  as  the  Civil  Service  Commission  may  hereafter  adopt). 

Acts  pertaining  to  State  Knirinecrini;  Department  and  building  con- 
tracts. Statutes  1JM1.  Chapter  :;'.»•_>.  pa-e  XL':;  ;  Statutes  1!»i:;.  Clmp1«-r  401), 

page  MI. 

Asexualization   Law.  Statutes   1'.H.">,  Chapter  o'J-'i,  pn^o  77.">. 


LUNACY  LAW 


OF    THE 


STATE  OF  CALIFORNIA. 


Chapter   I   of  Title  V   of  Part  III   of   the   Political   Code 
(including  amendments  of  1913). 

CHAPTER  I. 

STATE  COMMISSION  IN  LUNACY,  STATE  HOSPITALS,  AND  CARE, 
CUSTODY,  APPREHENSION,  COMMITMENT  OF  INSANE  AND  OTHER 
INCOMPETENT  PERSONS. 

SEC.  2136.  Commission    in    lunacy — of   whom  consists. 

2137.  The    superintendent,    his    appointment,    qualifica- 
tion,  and  salary. 

213S.  Office  and    meetings  of  the   commission. 

12131).  The  seal   of  the   ecmmission. 

2140.  Expenses   and   salaries   of   employees. 

2141.  Powers   of   commission. 

2142.  Duties   of   commission. 

2142a.  Special   investigations   hy  commission. 

2143.  Visits,    examinations,    and    reports. 

2144.  Information  to  be  furnished  to  the  commission. 

2145.  State  hospitals. 

2146.  The  property  of  the  hospitals. 

2147.  Managers    of   the    state    hospitals,    and   their   ap- 

pointment. 

2148.  Managers,  eligibility  of,  and  causes  of  forfeiture 

of  office. 

2149.  Managers'   compensation. 

2150.  Powers  and  duties  of  the  managers. 

2151.  Limitation  upon  the  powers  of  managers. 

2152.  Appointments  ky  the  managers. 

2153.  The  medical  superintendent  and  his  duties. 
2153a.  Appointees  of  the  medical  superintendents. 

2154.  Salary  estimates. 

2155.  Removals. 

2156.  Resident  officers. 

2157.  Restrictions  on  physicians  and  medical  superin- 

tendents. 


301300 


M:.\.\rv. 


2158.  Contingent  fund,  how  "used. 

2159.  Duties  of  the  treasurer. 

2160.  Financial  statements. 

2161.  The  steward.   and   his  powers  and  duties. 

2162.  Purchase  of  supplies. 

2163.  Manufactures  at   tin-  state  hospitals. 

2164.  Oaths  of  office. 

2165.  Inventories  by  medical  superintendents. 
2165a.  Prohibition   of   actions. 

2UJ(j.     Recommendations,    and    their    iilin-j. 

2167.  Detention   hospitals. 
2167".   Medical    examiners. 
2167/>.    Psychopathic    parole   act. 

2168.  Charge    oi'    insanity,    t'ciin    of    at'tidavit    and    war- 

rant. and   proceedings  then-on. 
L'K)!).      Attendance    and    exaininat  ion    of    witnesses. 

2170.  Form   of  cert  iii<-atc   by   medieal   examiners. 

2171.  Order  of  commitment,   and  form  of  same. 
•J172.      KxM-rtirn   of   the   order  of  commit  ment.   and  dis- 

|i    >;ti-  !i     «  f    moneys     found    «>n     insane    person. 
217.'!.      Ivi-ht    to    refuse   to   receive    person    eoniinitted. 
L'174.      Jury   trial. 
217.").      (  'osts  of  priiccedinLj.v 
iM7."u/.   Limitatiens  with  respect  to  imbecile  persons. 

2176.  Liability    of    relatives    and    guardians    of    insane 

persons. 

2177.  Insane     p.-rs^ns     in     care    of    their    relatives    or 

i:nardian<  :    duty   of  the   commission. 

2178.  Duties  of  district  attorn  e 

2179.  Appointment    of   unardian   or   administrator. 

2180.  Fixing  amount   to  be  paid  for  support. 

2181.  Orders  to  be  made  for  payments  by  miardians. 
L'lSlff.    Imposition    of   personal    property. 

2182.  Suits  anainst    relatives. 

2183.  Duties   •;)'  officers   respect  inir   insane   poor. 

2184.  Homeopathic  treatment. 

2185.  Admissions  under  special  agreements. 
2185a.  Admission  of  insane  soldiers  and  sailors. 
21856.  Voluntary  patients   in  state  hospitals. 
2185c.  Inebriates  and  drni;   habitues,  arrest  of,  etc. 

2186.  Superintendent's  duty  to  examine  new  patients. 

2187.  Transfer  of  patients.' 

2188.  Habeas  corpus. 

2189.  Discharge  of  patients;  restoration  to  capacity. 

2190.  Clothing  of  discharged  patients. 
2190a^  Escaped  patients. 

2191.  Return  of  insane  person  to  other  state  or  country. 


LUNACY    LAW.  3 

2192.  Commitments  of  incompetents  other  than  insane 

persons. 

2193.  Duties  of  county  auditors  and  treasurers. 

2194.  Admissions  of  incompetents  by  agreement. 

2195.  Terms  of  life  tenure. 

2196.  Private  hospitals. 

2197.  Actions   by   commission. 

2197«.  Interest   on   claims  against  counties. 

2198.  Interpretation. 

2199.  Reservations. 

2136.  There  shall  continue  to  be  a  state  commission  in 
lunacy  consisting  of  five  members,  to  wit :  The  general  superin- 
tendent of  the  state  hospitals.,  the  secretary  of  the  state  board 
of  health,  and  the  three  members  of  the  state  board  of  exam- 
iners.    In  the  absence  of  the  governor,  at  any  meeting  of  the 
commission,  the  secretary  of  the  state  board  of  examiners  is 
authorized  to  act  in  his  place,  with  the  same  powers  and  with 
like  effect  as  the  governor  might  exercise,  if  present;  and  in 
the  like  absence  of  the  attorney  general,  the  assistant  attorney 
general,  or  any  deputy  attorney  general  may  act  in  his  place, 
with  like  authority  as  he  might  exercise,  if  present.     All  the 
members,  other  than  the  general  superintendent,  must  serve 
without   salary. 

2137.  The    general   superintendent    of   state   hospitals   is 
appointed  by  the  governor,  to  hold  office  for  four  years,  and 
must   not   hold   any   other   office.     He   must   be   a   reputable 
physician,   and   graduate  of  an  incorporated  medical  college, 
who  has  had  at  least  ten  years '  actual  practice  in  his  profession, 
and  six  years'  actual  experience  in  the  care  and  treatment  of 
the  insane,  at  least  one  year  of  which  must  have  been  in  the 
state  hospitals  of  this  state.     His  salary  shall  be  fixed  by  the 
commission,  and  can  not  be  changed  during  his  term  of  office, 
and  shall  be  paid  at  the  same  time  and  in  the  same  manner  as 
are  the  salaries  of  other  state  officers. 

2138.  The  secretary  of  state  must  provide  the  commission 
with  a  suitably  furnished  office  in  the  state  capitol,  in  which  it 
must  hold  stated  meetings  at  least  once  in  every  month.     It 
may  hold  other  meetings  at  such  office,  or  elsewhere,  at  such 
times  as  it  may  be  deemed  necessary. 

2139.  The  commission  must  have  and  keep  an  official  seal. 
Every  process,  order,  or  other  paper  issued  or  executed  by  the 
commission,  may,  by  its  direction,  be  attested  with  its  seal  by 
the   secretary,    or  by   any   member   of  the   commission,    and 
when  so  attested  must  be  deemed  to  be  duly  executed  by  the 
commission. 

2140.  The  reasonable  expenses  of  the  commission,  and  the 
salaries  of  the  necessary  employees  must  be  paid  by  the  treas- 


urer  of  state  on  the  warrant  of  the  <  -out  roller,  out  of  any 
money  appropriated  for  the  support  of  the  insane,  feeble- 
minded and  other  incompetent  pel-sons,  pro  rat  a.  from  ihe 
amount  appropriated  for  the  niaintenanee  of  each  hospital,  or 
from  the  money  appropriated  for  the  expense  or  support  of  the 
commission. 

2141.  The   Commission    has    power: 

1.  To  appoint  a  secretary  whose  term  of  office  shall  be  four 
years  from  and  after  the  date  of  his  appoint  incut  and  to  lix  his 
salary,  which  shall  not  l»c  changed  during  his  term  of  office, 
and  which  shall  he  paid  at  the  same  time  and  in  the  same 
manner-  as  are  the  salaries  of  other  state  officers,  and  to  -ippoinl 
such  other  employees  as  it  may  deem  nc-.'ssary  and  fix  then- 
compensations  ; 

'2.  To  appoint,  by  its  order,  a  competent  person  to  ex-mine 
the  books,  papers,  and  accounts,  and  also  into  the  general  con- 
dition and  management  of  any  institution  in  this  chapter 
mentioned,  to  the  extent  deemed  necessary  and  specilied  in 
such  order; 

'J.  To  fix  the  annual  salaries  of  the  resident  officers  and 
treasurer  of  the  state  hospitals,  which  must  be  uniform  in  all 
the  state  hospitals  for  the  insane  ;md  as  near  uniform  as  pos- 
sible in  all  state  hospitals,  and  to  classify  the  other  officers  and 
employees  in  grades,  and  determine  the  .salaries  and  waives  to 
be  paid  in  each  urade.  which  must  be  unit'  >rm  in  all  hospitals 
for  the  insane,  and  as  near  uniform  as  possible  in  all  stat" 
hospitals; 

4.  To  determine  the  kind  and  character  of  all  employees  who 
shall  be  employed  at  any  slate  hospital  accord ini:  1«>  the  needs 
and  objects  of  the  hospital  ; 

.">.  To  permit  any  religious  or  missionary  corporation  or 
society  to  erect  a  buildin.i:  on  the  ^rounds  of  any  state  hospital 
for  the  holding  of  religious  services,  said  buildinu  when  erected 
to  become  the  property  of  the  state  and  to  be  used  exclusively 
for  the  benefit  of  the  inmates  and  employees  of  such  stale 
hospital  and  subject  to  such  regulations  and  conditions  as  may 
be  determined  or  imposed  by  said  commission. 

2142.  The  duties  of  the  commission  are: 

1.  To  take  charge  of  the  execution  of  the  1,-ws  rdatiim  to  the 
care,  custody,  and  treatment  of  the  insane,  feeble-minded  per- 
sons, epileptics  and  idiots,  and  other  incompetent  persons  as 
provided  in  this  chapter; 

2.  To  examine  all   public  and   private   institutions  receiving 
and  caring  for  the  insane  and  other  incompetent   persons,  and 
inquire  into  their  methods  of  iMvernment,  and  the  treatment 
of  all  inmates  thereof ; 

3.  To  examine  into  the  condition  of  all  buildings,  grounds, 
\  or  other  property  connected  with  such  institutions,  and   into 


LUNACY    LAW.  5 

all  matters  relating  to  their  management.  For  the  purposes 
specified  in  this  subdivision,  each  commissioner  is  entitled  to 
free  access  to  the  grounds,  buildings,  and  all  books  and  papers 
relating  to  any  such  institution,  and  every  person  connected 
therewith  must  give  such  information  and  afford  such  facilities 
for  any  such  examination  cr  inquiry,  as  the  commissioners 
may  require; 

4.  To  make  such  regulations  in  regard  to  the  correspondence 
of  the  inmates  in  said  institutions  in  custody  as  in  its  judg- 
ment will  promote  their  interests,  \vhich  regulations  must  be 
complied  with  and  enforced  by  the  proper  authorities  of  each 
institution;  but  no  restriction  must  be  placed  upon  the  corre- 
spondence of  such  inmates  with  the  superior  judge  and  district 
attorney  of  the  county  from   which  they  were  committed  or 
admitted  to  such  institutions ; 

5.  To  adopt,  for  all  hospitals,  rules  and  regulations,  books 
of  record  tor  steward's  and  all  departments,  blank  forms,  both 
clinical  and  otherwise,  questions  for  examination  of  employees, 
and  for  examination  in  all  the  different  branches  of  medicine 
and  surgery,  and  especially  in  diseases  affecting  the  mind  and 
nervous  syslem.  of  all  officers  and  internes,  for  the  special  use 
of  the  hospital ; 

6.  To  keep  in  its  office  a  record  showing  the  name,  residence, 
and  (•«•!•!  ifirate  of  each  duly  qualified  medical  examiner,  and  to 
i ni medial (ly  file,  when  received,  each  duly  certified  copy  of  a 
medical  examiner's  certificate,  and  advise  him  of  its  receipt 
and  filing; 

7.  To  keep  in  its  office  a  record  showing: 

(1)  The  name,  residence,  sex,  age,  nativity,  occupation,  civil 
condition,  and  date  of  commitment  of  every  patient  and  inmate 
in  custody  in  the  several  institutions  for  the  care  and  treat- 
ment of  insane  and  ether  incompetent  persons  in  the  state, 
and  the  name  and  residence  of  the  person  making  the  petition 
for  commitment,  and  of  the  persons  signing  the  medical  cer- 
tificate, and  of  the  judge  making  the  order  of  commitment; 

(2)  The  name  of  the  institution  where  each  patient  or  in- 
mate is  confined,  the  date  of  admission,  and  whether  brought 
from  home  or  another  institution,  and  if  from  another  institu- 
tion, the  name  of  such  institution,  by  whom  brought,  and  the 
patient's  or  inmate's  condition; 

(3)  The  date  of  the  discharge  of  each  patient  or  inmate 
from  such  institution,   and  whether  recovered,  improved,  or 
unimproved,  and  to  whose  care  committed; 

(4)  If  transferred,  for  what  cause,  and  to  what  institution; 
and  if  dead,  the  date  and  cause  of  death ; 

(5)  The  date  of  discharge  of  each  inmate  from  the  home  for 
feeble-minded  since  July  1,  1902,  and  mental  condition  when 
discharged; 


O  LUNACY    LAW. 

(6)  To  cause  to  be  examined  at  least  once  in  six  months, 
the  books,  papers,  and  accounts  of  each  of  the  several  state 
hospitals,  the  report  of  such  examination  to  be  filed  Avith  the 
superintendent  of  the  hospital  examined,  and  a  copy  of  the 
same  filed  with  the  commission. 

8.  To  report  and  recommend  to  the  legislature  the  necessary 
prospective  needs  for  the  care,  custody,  and  treatment  of  the 
poor  and  indigent  insane  and  other  incompetent  persons  men- 
tioned in  this   chapter;   and  for  the   purpose  of  preventing 
overcrowding,  it  must  recommend  to  the  legislature  the  estab- 
lishment of  cottages  at  such  of  the  state  hospitals  as  in  its  judg- 
ment will  best  meet  the  requirements  of  such  persons. 

9.  To  furnish  the  legislature  an  estimate  of  the  probable 
number  of  patients  who  will  become  inmates  of  the  respective 
state  hospitals  during  the  two  years  beginning  July  first,  next 
ensuing,  and  the  cost  of  all  additional  buildings  ;md  equip- 
ments, if  any,  which  will  be  required  to  carry  out  the  pro- 
visions of  this  chapter  relating  to  the  care,  custody,  and  treat- 
ment of  the  poor  and  indigent  insane  and  other  incompetents 
of  the  state; 

10.  To  biennially  report  to  the  legislature  its  acts  a?id  pro- 
ceedings for  the  two  years  ending  June  thirtieth,  last  r: receding, 
with  such  facts  regarding  the  management  of  the  institutions 
for  the  insane  and  other  incompetents  as  it  deems  necessary 
for  the  information  of  the  legislature,  including  estimates  of 
the  amounts  required  for  the  use  of  such  hospitals  and  the 
reasons  therefor;  and  also  the  annual  reports  made  to  the  com- 
mission by  the  board  of  managers  of  each  state  hospital. 

2142#.  When  the  commission  has  reason  to  believe  that 
any  person  held  in  custody  as  insane  or  incompetent  is  wrong- 
fully deprived  of  his  liberty,  or  is  cruelly  or  neyliircntly  treated, 
or  inadequate  provision  is  made  for  his  skillful  medical  care, 
proper  supervision,  and  safekeeping,  it  may  ascertain  the  facts, 
or  may  order  an  investigation  of  the  facts  by  one  or  all  of  its 
members.  It,  or  the  commission  conducting  the  proceeding, 
may  issue  compulsory  process  for  the  attendance  of  witnesses 
and  the  production  of  papers,  and  exercise  the  powers  con- 
ferred upon  a  referee  in  a  superior  court.  The  commission 
may  make  such  orders  for  the  care  and  treatment  of  such  per- 
son as  it  may  deem  proper.  Whenever  the  commission  under- 
takes an  investigation  into  the  general  management  and  admin- 
istration of  any  hospital  for  the  insane  or  incompetents  or 
places  of  detention  for  the  alleged  insane  or  incompetents,  it 
may  give  notice  to  the  attorney  general  of  any  such  investiga- 
tion, who  must  appear  personally  or  by  deputy,  and  examine 
witnesses  who  may  be  in  attendance.  The  commission,  or  any 
member  thereof,  may  at  any  time  visit  and  examine  the  inmates 
of  any  county,  city  and  county,  or  city  alrnshouse,  to  ascertain 


-LUNACY   LAW.  7 

if  insane  persons  are  kept  therein.  When  complaint  is  made 
to  the  commission  regarding  the  officers  of  any  hospital  or 
institution  for  the  insane  or  other  incompetents,  or  regarding 
the  management  thereof  or  of  any  person  detained  therein  or 
regarding  any  person  held  in  custody  as  insane  or  incompetent., 
the  commission  may,  before  making  an  examination  regarding 
such  complaint,  require  the  same  to  be  made  in  writing  and 
sworn  to  before  an  officer  authorized  to  administer  oaths,  and 
on  receiving  such  complaint,  sworn  to  if  required  by  the  com- 
mission, the  commission  shall  direct  that  copy  of  such  com- 
plaint be  served  on  the  authorities  of  the  hospital  or  institu- 
tion or  the  person  against  whom  complaint  is  made,  together 
with  notice  of  time  and  place  of  such  investigation  as  the  com- 
mission may  direct. 

2143.  The  general  superintendent  of  state  hospitals  must 
visit  every  state  hospital  at  least  twice  in  each  year.  Visits 
may  be  made  by  the  commissioners,  jointly  or  singly,  at  such 
times  as  the  visiting  commissioner  or  commissioners  may  choose. 
Each  visit  must  include,  to  the  fullest  extent  deemed  necessary, 
an  inspection  of  every  part  of  each  institution,  and  all  the 
outhouses,  places,  buildings,  and  grounds  belonging  thereto, 
or  used  in  connection  therewith.  The  general  superintendent, 
or  a  majority  of  the  members  of  the  commission,  must,  from 
time  to  time,  make  an  examination  of  all  records  and  methods 
of  administration,  the  general  and  special  dietary,  the  stores 
and  methods' of  supplies,  and,  as  far  as  the  circumstances  will 
permit,  of  every  patient  confined  therein,  especially  those 
admitted  since  the  preceding  visit,  giving  such  as  may  require 
it,  suitable  opportunity  to  converse  with  the  commissioners, 
apart  from  the  officers  and  attendants.  They  must,  as  far  as 
they  deem  necessary,  examine  the  officers,  attendants,  and  other 
employees,  and  make  such  inquiries  as  will  determine  their 
fitness  for  their  respective  duties.  At  the  next  regular  or 
special  meeting  of  the  commission,  after  any  such  visit,  the 
visiting  commissioner,  or  commissioners,  must  report  the  result 
thereof,  with  such  recommendations  for  the  better  management 
or  improvement  in  such  institutions  as  they  may  deem  neces- 
sary. But  such  recommendations  must  not  be  contrary  to  the 
medical  doctrines  of  the  particular  school  of  medicine  adopted 
by  such  institution.  The  commissioners  must,  from  time  to 
time,  meet  the  managers  or  responsible  authorities  of  such 
institutions,  or  as  many  of  the  members  as  practicable,  in  con- 
ference, and  consider,  in  detail,  all  questions  of  management 
and  improvement  of  the  institutions,  and  must  also  send  to 
them,  in  writing,  if  approved  by  a  majority  of  the  commis- 
sioners, such  recommendations  in  regard  to  the  management 
and  improvement  of  the  institutions  as  they  may  deem  neces- 
sary or  desirable.  The  times  and  places  of  such  conferences 
shall  be  designated  by  the  commission. 


8  LUNACY   LAW. 

2144.  The  authorities  for  the  several  hospitals  must  fur- 
nish  to   the   commission   the   facts   mentioned   in   subdivision 
seven  of  section  twenty-one  hundred  and  fcrty-two  and  such 
other  obtainable  facts,  as  the  commission  may  from  time  to 
time  in  the  discharge  of  its  duties  require  of  them,  with  the 
opinion    of    the    superintendent    thereon,    if    requested.      The 
superintendent  or  other  person  in  charge  of  a  hospital,  must, 
within  ten   days   after  the  admission    of  any   person   thereto, 
cause  a  copy  of  the  medical  cert iiicatc  and  order  on  which  such 
person  was  received  and  a  list  of  all  property  and  books,  and 
papers  of  value  found  in  the  possession  of  or  belonging  to  such 
persons  to   lie    forwarded   to   the  office  of  the  commis>i  m.   and 
when   ;:    patient    or   inmate   is  discharged,   t  nmsferrcd  or  dies. 
such  superintendent    or   pel-son    in   charge,   must,    within    three 
days  thereafter,  send  the  information  to  the  office  of  the  com- 
mission, in  accordance  with  the  form  prescribed  by  it. 

2145.  There  are  established   the   following  state  hospitals, 
which  are  declared  to  In-  corporations: 

1.  The    Stoeklon    Stale    Hospital    at    the    city    of    Stockton, 
formerly    known    as    tin-    Stockton    State    Insane    Asylum    at 
Stockton; 

2.  Napa    State    Hospital,    near    the    city    ;>f    Xapa.    hitherto 
known  as  the  Napa   State   Asylum    for  tin-   Insane  at    \a|-a: 

•  }.  Agncws  State  Ih.spital.  near  the  city  of  San  .lose,  for- 
merly known  as  the  State  Insane  Asylum  ,ii  Ay-news; 

4.  Mendocino  State  Hospital,  near  the  city  of  I'kiah.  hitherto 
known  as  the  Mendocino  State  Insane  Asylum  at  I'kiali; 

f>.  Southern  California  State  Hospital,  nej.r  the  city  of  San 
Bernardino,  hitherto  known  as  the  South. -ru  Califoniia  Stale. 
Insane  Asylum  for  tin-  I  nsane  and  Inebriates.  San  Bernardino. 
Said  state  hospitals  being  for  the  care  and  treatment  of  the 
insane. 

6.  The  California  Home  for  the  Care  and  Training  of 
Feeble-Minded  Children,  at  Kldridge.  Sonoma  minify,  which 
shall  hereafter  be  known  and  designated  as  the  Sonoma  State 
Home.  The  object  of  said  home  is  such  care,  training  and 
education  of  those  received,  as  will  render  them  more  com- 
fortable and  happy  and  better  fitted  to  care  for  and  support 
themselves.  To  this  end  the. managers  must  furnish  them  with 
such  agricultural  and  mechanical  education  as  they  .nay  be 
capable  of  receiving  and  all  that  the  facilities  offered  by  the 
state  will  allow,  inclndinir  farm  work,  shops,  and  the  employ- 
ment of  trade  teachers.  The  hospital  must,  on  the  conditions 
in  this  act  prescribed,  receive  and  care  for  feeble-minded  per- 
sons, imbeciles,  idiots,  and  epileptics  who  are  not  insane. 

2146.  Each  of  the  corporations  mentioned  in  the  preceding 
section  may  acquire  and  hold  in  its  corporate  name  by   gift, 
grant,  devise  or  bequest,  property  to  be  applied  to  the  mainte- 


LUNACY    LAW. 

nance  of  the  inmates  of  the  hospital  and  for  the  general  use  of 
the  corporation.  All  lands  necessary  for  the  use  of  state  hos- 
pitals must  be  acquired  by  condemnation  as  lands  for  other 
public  uses  are  acquired,  except  those  acquired  by  gift,  devise 
or  purchase,  and  the  terms  of  every  purchase  must  be  approved 
by  the  commission.  No  public  street  or  road  for  railway  or 
other  purposes,  except  for  hospital  use,  must  be  opened  through 
the  lands  of  any  state  hospital,  unless  the  legislature  by  special 
enactment  consents  thereto. 

2147.  Each  hospital  has  a  board  of  five  managers  or  trus- 
tees appointed  by  the  governor,  each  of  whom  holds  office  for  X 
the  term  of  four  years  from  and  after  his  appointment,  and 
the  terms  of  not  more  than  two  must  expire  in  any  one  year. 
Such  trustees  or  managers  shall  hereafter  be  termed  managers. 
If  a  vacancy  occurs  otherwise  than  by  the  expiration  of  a  term, 

it  must  be  filled  by  appointment  for  the  unexpired  term.  Any 
manager  is  subject  to  removal  by  the  governor,  upon  good 
cause  shown  and  opportunity  to  be  heard.  The  managers  or 
trustees  of  each  hospital  now  in  office  shall  continue  in  office 
during  the  terms  for  which  they  were  appointed. 

2148.  Xo  person  is  eligible  to  the  office  of  manager,  who 
is  a  member  of  the  legislature  or  an  elective  state  officer,  and 
if  he  becomes  such  after  his  appointment  his  office  is  thereby 
vacated.     If  any  manager  fails  for  three  months  to  attend  the 
regular  meetings  of  the  board,  unless  he  is  ill  or  absent  from 
the  state,  his  office  becomes  vacant,  and  the  board,  by  resolu- 
tion, must  so  declare,  and  must  forthwith  transmit  a  certified 
copy  of  such  resolution  to  the  governor. 

2149.  The  managers  are  entitled  to  ten  dollars  per  day 
for  their  attendance  at  meetings  of  the  board,  and  while  in 
the  actual  service  of  the  state,  and  to  their  necessary  traveling 
expenses,   to  be   paid   as .  are   other   current   expenses   of   the 
hospital ;  provided,  that  no  manager  shall  receive  more  than 
two  hundred  and  forty  dolhirs,  exclusive  of  traveling  expenses, 
in  any  one  year. 

2150.  Subject  to  the  powers  of  the  commission,  each  board   , 
of  managers  has  general  control  and  direction  of  the  property 
and  concerns  of  the  institution  for  which  it  is  appointed,  not 
otherwise  provided  by  law.     It  is  the  duty  of  the  board  of 
managers : 

1.  To  take  care  of  tha  interests  of  the  hospital,  and  see  that 
its  design  and  its  by-laws,  rules,  and  regulations  are  carried 
into  effect,  according  to  law ; 

2.  To  establish  such  by-laws,  rules,  and  regulations  subject 
tc  the  approval  of  the  commission,  as  it  may  deem  necessary 
and  expedient  for  regulating  the  duties  of  officers  and  em- 
ployees of  the  hospital,  and  for  the  internal  government,  dis- 
cipline, MIR!  management  of  the  smne: 


10  LUNACY   LAW. 

3.  To  maintain  an  effective  inspection  of  the  hospital,  for 
which  purpose  a  majority  of  the  board  must  visit  the  hospital 
at  least  every  month,  and  the  whole  board  once  a  year,  and 
at  such  other  times  as  may  be  prescribed  in  the  by-laws ; 

4.  To  keep,  in  a  book  provided  for  the  purpo.se,  a  fair  and 
full  record  of  its  doings,  which  must  at  all  times  be  open  to  the 
inspection  of  the  commissioners  in  lunacy,  or  either  house  of 
the  legislature; 

">.  To  cause,  within  ten  days  after  each  meeting  of  such  man- 
agers, or  a  committee  thereof,  a  copy  of  the  minutes  and  pro- 
ceedings of  such  meeting  to  be  sent  to  ea-h  member  ,>!'  such 
board  and  to  the  commission ; 

6.  To  enter,  in  a  book  kept  by  them  for  that  purpose,  the 
date  of  each  of  their  visits,  and  tin-  condition  of  the  hospital 
and    patients,   and  all  the  managers  present  must  sign   such 
entry  : 

7.  To  make  to  the  commission,  on  or  before  the  fii'teeiiili  day 
of  August  of  each  year,  a  detailed  report  of  their  visits  and 
inspections,  with  suitable  suggestions  and  such  other  matters 
as  may  be  required  of  them  by  the  commission,  for  the  year 
•  tiding  on  the  thirtieth  day  of  June  preceding  the  date  of  such 
report ; 

8.  To  bring  sueli  actions  in  the  name  of  the  hospital  with 
the  consent  of  the  attorney  general  necessary  to  protect  the 
interests  of  the  hospital  or  to  recover  for  the  use  of  the  hospital 
the  amount  due  the  hospital  on  any  bond,  note  or  other  cause 
of  action  accruing  to  the  hospital  other  than  for  the  care,  sup- 
port,   maintenance,    and    expense    of    any    patient    or    inmate 
therein. 

2151.  X<>  money  must  be  expended  by  the  managers  of 
any  state  hospital  for  the  erection  of  additional  buildings  or 
for  unusual  repairs  or  improvements,  except   upon  plans  and 
specifications  approved  by  the  commission.     The  cost   of  such 
buildings  to  be  occupied  by  patients,  or  inmates,  including  the 
necessary  equipment  for  heating,  lighting,  ventilating,  fixtures. 
and  furniture,  must  in  no  case  exceed  five  hundred  and  fifty 
dollars  per  capita  for  the  patients  or  inmates  to  be  accommo- 
dated therein ;  and  subject  to  the  said  approval,  the  managers 
may  employ  a  competent  architect  to  prepare  plans,  specifica- 
tions, or  estimates  of  cost  of  proposed  structures,  and  adopt 
such  plans,  specifications,  or  estimates ;  and  after  plans,  speci- 
fications, or  estimates  of  cost  are  so  approved,  may  let  con- 
tracts for  erection  of  such  buildings  or  making  of  such  repairs, 
and  may  employ  a  competent  architect  to  superintend  the  con- 
struction of  such  building  or  the  making  of  such  repairs. 

2152.  Each  board  of  managers  must  appoint  for  the  hos- 
pital under  its  control,  as  often  as  vacancies  may  occur  therein: 

1.  A  medical  superintendent,  who  must  be  a  graduate  of  an 


LUNACY   LAW.  11 

incorporated  medical  college,  and  a  well-educated  physician,  of 
good  moral  character,  who  has  had  not  less  than  three  years' 
experience  in  the  care  and  treatment  of  the  insane.  The 
medical  superintendent  of  the  homeopathic  hospital  must  be  a 
homeopathic  physician,  and  he  must,  in  other  respects,  possess 
the  same  qualifications  as  other  medical  superintendents; 

2.  A  treasurer,  who  is  also  ex  officio  secretary  of  the  board, 
and  who  must  keep  all  the  books,  records,  and  papers  pertain- 
ing  to   the   business   of   his   office,   and   maintain   such   office 
wherever  the  board  of  managers  directs.     He  must  give  an 
undertaking  to  the  people  of  the  state,  in  such  sum  as  the 
board  requires  for  the  faithful  performance  of  his  trust,  with 
sureties  to  be  approved  b/TL 

Any  medical  superintendent  or  treasurer  may  be  removed 
by  a  majority  vote  of  the  board  of  managers  for  cause;  such 
cause  must  be  stated  in  writing-  and  served  upon  the  official 
charged.  He  must  thereafter  be  given  an  opportunity  to  be 
heard.  If  removed  upon  such  hearing,  his  removal  is  final ; 

3.  The  appointment  of  any  person  as  medical  superintendent 
shall  not  be  effective  for  any  purpose  unless  such  person  has   s 
passed,  or  shall  pass,  an  examination  touching  his  qualifica- 
tions in  all  the  different  branches  of  medicine  and  surgery,  and 
especially  in  diseases  affecting  the  mind  and  nervous  system. 
The  questions  for  such  examination  shall  be  prepared  by  the 
general  superintendent  and  such  medical  superintendents  as 
may  be  designated  by  the  commission,  subject  to  the  approval 
of  the  commission.     Such  examination  shall  be  conducted  by 
the  general  superintendent  or  by  such  medical  superintendents 
of  the  hospitals  as  may  be  named  by  the  commission  for  that 
purpose.    An  examination  shall  not  be  required  of  any  medical 
superintendent  or   assistant   physicians  now  in   office  in  any 
state  hospital. 

2153.  The  medical  superintendent  of  each  hospital  is  its 
chief  executive  officer.  In  his  absence  or  sickness  the  first 
assistant  physician  or  other  medical  officer  designated  by  the 
medical  superintendent,  or  by  the  commission,  must  perform 
his  duties  and  be  subject  to  his  responsibilities.  Subject  to 
the  rules  and  regulations  established  by  the  board  of  managers, 
the  medical  superintendent  has  general  superintendence  of  all 
buildings,  together  with  their  furniture,  fixtures,  and  stock, 
and  the  direction  and  control  of  all  persons  therein,  and  must : 

1.  Personally  maintain  an  effective  supervision  and  inspec- 
tion of  all  parts  of  the  hospital,  and  generally  direct  the  care 
and  treatment  of  the  patients  and  inmates.  To  this  end  the 
superintendent  must  personally  examine  the  condition  of  each  I- 
patient  or  inmate  within  five  days  after  his  admission  to  the 
hospital  and  must  visit  all  the  wards  or  apartments  for  patients 
or  inmates  at  such  times  as  the  rules  and  regulations  of  the 
hospital  prescribe; 


12  LTXACV    LAW. 

2.  The  superintendent  of  the  home  for  feeble-minded  must, 
on  or  before  the  fifth  day  of  each  month,  prepare  a  true  ami 
cm-rect  report,  verified  by  cath,  of  all  inmates  supported,  eared 
for,  trained,  and  educated  in  such  hospital  for  the  preceding 
month,  and    whose  support,  care,  training,  and  education  in 
such  hospital  are  provided  to  be  paid  for  by  the  several  coun- 
ties whence  they  came.     This  report  must  give  the  names  and 
residences  of  all  such  inmates,  together  with  the  dates  of  their 
admission,  and  the  department  of  the  hospital   in  which  they 
an-  detained,  and  the  special  grade  of  mental  deficiency  with 
which  each  is  afflicted.     Copies  of  this  report  must  be  riled  in 
the  offices  of  the  state  board  of  examiners,  the  controller,  the 
treasurer  of  state,  and  state  cnnmiissinu  in  lunacy,  but  must 
not  be  printed,  or  used,  nor  permitted  to  he  used,  for  any  other 
purpose  than  the  special  in t'ormat ion  of  the  officers  designated. 
The   superintendeiii    must    also,    within    the   time   above   desig- 
nated,   prepare   a   report,   verified    by    his   oath,   showing   sub 
slant  ially   the  facts  set    forth   in   the  above  report,   which  must 
be  filed  with  the  county  auditors  of  the  several  counties  from 
which    the   commitments    have  been  made  to   the    instiiution, 
showing  the  name  of  each  inmate  supported,  and  for   which 
such  count \   is  liable  to  the  state  for  support  and  maintenance; 

3.  Tin-  superintendent   of  the  home   for  feeble-minded   must, 
annually,  after  the  dose  of  the  fiscal  year,  and  before  the  date 
at    which   the   managers   are   required    to    make    their   annual 
report,  make  to  the  managers  a  report.  giving  the  name,  age, 
sex.  nativity,  residence,  and  date  of  reception  of  each  pupil  in 
the  institution  within  the  preceding  year,  and,  as  far  as  can  be 
ascertained,    the    causes   of   imbecility;   also  the  number   dis- 
charged,   with    the    date    and    reason    therefor    in    eac'i    case. 
together  with  the  name  of  each  paying  pupil,  and  the  .-imount 
charged   for  him.  and  the  amounts  paid  or  unpaid;  and  also 
such  other  information  and  surest  ions  as  may  seem  proper; 
which  report  must  be  kept  on  file  in  the  office  of  the  secretary 
of  the  board,  but  must  not  be  printed. 

2153nf.     The  medical  superintendent  of  each  hospital  must 
appoint,  by  and  with  the  consent  of  the  board  of  managers : 

1.  A  supervisor,   matron,  and  steward,   and   all  employees, 
none  of  whom  must  be  his  relatives,  or  that  of  any  member 
of  the  board  of  managers,  either  by  consanguinity  or  marriage, 
who  shall  be  subject  to  such  examination  as  he  deems  for  the 
best  interest  of  the  hospital,  the  questions  to  be  prepared  by  the 
general  superintendent,  subject  to  the  approval  of  the  com- 
mission ; 

2.  Such  assistant  physicians  and  internes  as  may  be  deter- 
mined   by    the    commission.     Such    assistant    physicians    and 
internes  must  be  graduates  of  incorporated  medical  colleges, 
well  educated  in  their  profession,  who  have  received  a  certifi- 


LUNACY   LAW.  13 

cate  from  the  state  board  of  medical  examiners,  and  of  good 
moral  character; 

3.  Where  there  are  first  and  second  assistant  physicians,  the 
first  assistant  physician  must  have  had  two  years'  actual  experi- 
ence,  and  the  second   assistant   physician   one   year's   actual 
experience  in  the  care  and  treatment  of  the  insane; 

4.  From  and  after  the  first  day  of  July,  A.  D.  1905,  when- 
ever an  additional  assistant  physician  is  appointed  in  any  state 
hospital  for  the  care  and  treatment  of  the  insane  or  the  Cali- 
fornia Home  for  the  Care  and  Training  of  the  Feeble-Minded 
Children  at  Eldridge,  Sonoma  county,  the  appointment  of  such 
additional  assistant  shall  be  so  made  that  at  least  one  physician 
in  each  of  said  state  hospitals  and  said  home  shall  be  a  woman ; 

5.  No  appointment  of  any  person  as  first,  second,  or  other 
assistant  physician  or  interne  shall  be  effective  for  any  pur- 
pose unless  such  person  shall  pass  or  has  passed  an  examina- 
tion touching  his  qualifications  for  such  position  in  all  the 
different  branches  of  medicine  and  surgery,  and  especially  of 
diseases  affecting  the  mind  and  nervous  system.     Such  exam- 
ination shall  be  conducted  by  the  medical  superintendent  on 
questions  prepared  by  the  general  superintendent  and  by  such 
medical  superintendents  as  may  be  designated  by  the  com- 
mission, subject  to  the  approval  of  the  commission.     The  pass- 
ing of  an  examination  for  a  given  position  in  any  state  hospital 
shall  qualify  any  person  for  a  similar  position  in  any  other 
state  hospital; 

6.  At  the  homeopathic  state  hospital  all  assistant  physicians 
and  internes  besides  possessing  the  qualifications  herein  pre- 
scribed,  must  be   graduates  of  an  incorporated  homeopathic 
medical  college; 

7.  The  medical  superintendent  must:  Give  such  orders  and 
instructions  as  he  may  deem  best  calculated  to  insure  good 
conduct,  fidelity,  and  economy  in  every  department  of  labor 
and  expenses; 

8.  Maintain  salutary  discipline  among  all  who  are  employed 
in   the    institution,    and    enforce   strict    compliance   with   his 
instructions  and  uniform  obedience  to  all  rules  and  regulations 
of  the  hospital; 

9.  Cause  full  and  fair  accounts  and  records  of  the  entire 
business  and  operations  of  the  hospital  to  be  kept  regularly, 
from  day  to  day,  in  books  or  form  provided  for  that  purpose. 

10.  See  that  all  such  accounts  and  records  are  fully  up  to 
the  last  day  of  June  in  each  year,  and  that  the  principal  facts 
and  results,  with  his  report  thereon,  are  presented  to  the  man- 
agers within  thirty  days  thereafter,  who  must  incorporate  them 
in  their  report  to  the  commission. 

11.  Keep  a  book,  in  which  he  must  cause  to  be  entered  at 
the  time  of  reception  of  any  patient,  his  name,  residence,  and 


1-t  LUNACY    LAW. 

occupation,  and  the  date  of  such  reception,  by  whom  brought 
and  by  what  authority,  and  on  whose  petition  committed,  and 
an  abstract  of  all  orders,  warrants,  requests,  petitions,  cer- 
tificates, and  other  papers  accompanying  such  person. 

12.  To  prepare  and  keep  the  pay  rolls  of  the  hospital,  and 
collect  all  moneys;  keep  the  accounts  for  the  support  of  the 
patients,  and  expenses  incurred  in  their  behalf;  furnish  the 
treasurer  statements  thereof  as  they  fall  due ;  turn  all  moneys 
collected  over  to  the  treasurer,  and  report  same  to  the  board 
of  managers  at  each  meeting ;  notify  the  treasurer  of  the  death 
or  discharge  of  reimbursing  or  pay  pntients.  within  live  days 
after  such  death  or  discharge; 

13.  Prepare  triplicate  estimates  of  the  amount,   kind,  and 
quality   of   furniture   and   household   furnishing   goods,    pro- 
visions, fuel,  forage,  clothing  or  material  for  clothing,   and 
other  material  required  for  the  twelve  months  ending  June 
thirtieth  of  each  year,  which  must  be  approved  by  the  board 
of  managers,  unless  a  different  time  is  allowed  by  the  com- 
mission.    He  musl   siil  mi  it  two  of  the  triplicate  estimates  to 
the  commission,  and  file  the  third  in  his  office.     The  commission 
may  revise  the  estimates  i'or  supplies,  either  as  to  quality  or 
«|ii;mtity  thereof,  and  must  certify  tlmt  it  has  carefully  exam- 
ined the  same,  and  that  the  articles  contained  in  such  estimate, 
as  approved  by  it,  an    actually  required  for  the  use  of  the 
hospital;    whereupon,    after   having   approved   the   estimates, 
the  commission  must,  beginning  upon  the  fifteenth  day  of  the 
iiionth  preceding  the  month  in  which  contracts  are  to  be  let, 
advertise  for  four  successive  weeks,  for  contracts  for  furnish- 
ing such  supplies:  said  advert  isirii:  b«-iu«r  in  brief,  referring  to 
the  class  of  supplies  and  the  fact  that  all  contemplated  bid- 
ders can  receive  schedules  by  applying  to  the  superintendents 
or  secretaries  of  the  various  hospitals,  or  the  state  commission. 
All  contracts  must  be  awarded  to  the  lowest  responsible  bidder, 
or  bidders,  upon  their  giving  to  the  board  of  managers  a  bond 
amounting   to   one    fourth   of   their   actual   bids,    as   security 
for  the  faithful  performance  of  the  same.     The  board  of  man- 
agers reserves  the  right  to  reject  any  and  all  bids  submitted 
to  them; 

14.  Prepare  monthly  triplicate   estimates,   as   approved  by 
the  board  of  managers,  two  of  which  must  be  submitted  to 
the  commission,   and  the  other  filed  in  the  superintendent's 
office,  for  necessary  expenditures  required  for  the  hospital  of 
which  he  is  superintendent,  for  the  ensuing  month.     The  com- 
mission may  revise  these  estimates  for  supplies,  either  as  to 
quality,  quantity,  or  price  thereof,  and  must  certify  that  they 
have  been  carefully  examined,  and  that  the  articles  contained 
in  such  estimates,  as  approved  by  it,  are  actually  required  for 
the  use  of  the  hospital ;  whereupon  the  board  of  managers  must 


LUNACY    LAW.  15 

direct  its  superintendent  to  secure  the  supplies  according  to 
the  approved  estimates. 

2154.  Salaries  of  resident  and  other  officers  and  wages 
of  the  employees  must  be  included  in  the  monthly  estimates 
and  paid  in  the  same  manner  as  other  expenses  of  the  state 
hospitals.     The  medical  superintendents,  the  assistant  physi- 
cians, secretaries  to  medical  superintendents,  and  stewards,  and 
their  families,  must  be  furnished  room,  household  furniture, 
laundry  service,  drugs  when  ill,  provisions,  fuel  and  lights  at 
and  from  the  supplies  of  the  hospital.     But  separate  accounts 
must  be  kept  of  the  same.     The  word  family  shall  be  regarded 
as  meaning  only  the  wife  and  minor  children  of  said  officers. 

2155.  The  medical  superintendent  may  remove  any  resi- 
dent officer  in  his  employ  for  cause,  pending  the  meeting  of  the 
board  of  managers.     The  removal  of  employees,   other  than 
resident  officers,  must  be  reported  to  the  board  of  managers  for 
its  action,  which  is  final;  and  in  the  case  of  resident  officers, 
notice  in  writing  must  be  immediately  given  to  the  resident 
officer  removed  and  to  each  member  of  the  board  of  managers. 
At  the  next  meeting  of  the  board,  or  at  the  meeting  to  which  it 
is  regularly  postponed,  such  removal  must  be  considered  and 
the  person  removed  be  heard;  after  which  the  managers  must 
determine  the  matter,  and  their  judgment  is  final.     If  an  officer 
or  employee  is  removed,  the  superintendent  must  make  a  record 
thereof,  with  the  reasons  therefor,  under  the  appropriate  head, 
in  one  of  the  books  of  the  hospital.     Any  officer  or  employee  of 
a  state  hospital  taking  an  active  part  in  politics,  directly  or 
indirectly,  may  be  summarily  removed  from  such  hospital  by 
the  state  commission  in  lunacy  upon  written  charges  under 
oath  made  by  three  or  more  reputable  citizens  and  upon  testi- 
mony taken  under  oath  at  a  hearing  held  for  the  purpose. 
The  medical  superintendent   must  transmit,   by  mail,  to  the 
state  lunacy  commission,  within  five  days  after  any  removal 
has  been  approved  by  the  board  of  managers,  information  of 
such  removal,  and  the  cause  thereof.     The  commission  must 
preserve  the  name  of  such  officer,  or  employee,  with  the  facts 
relating  to  his  removal  in  a  book  provided  for  that  purpose. 
When   any   officer   or   employee   is   removed   by   the   superin- 
tendent, as  herein  provided,  the  officer  or  employee  removed 
shall  stand  suspended   from   his   office   or  position  until  the 
removal  is  acted  upon  by  the  board  of  managers;   and  no 
salary  or  wages  shall  be  paid  such  officer  or  employee  for  the 
time*  he    remains    suspended.     During   such   suspension,    the 
duties  of  the  office  or  position  shall  be  performed  by  such  other 
officer  or  employee  who  may  be  designated  for  that  purpose  by 
the  medical  superintendent. 

2156.     The    medical    superintendent,    all    assistant    physi- 
cians, stewards,  supervisors,  and  matrons  must  maintain  their 


16  U'XACY    LAW. 

residence  in  the  hospital  or  on  the  premises,  and  are  designated 
as  the  resident  officers  of  the  hospital. 

2157.  The  medical  superintendents  and   assistant  physi- 
cians shall  not  engage  in  private  practice,  but  shall  devote  their 
entire  time  to  the  duties  of  their  positions.     Nothing  in  this 
siction  shall,  however,  be  regarded  as  prohibiting  them  from 
giving  necessary  medical   care  and  treatment  to  the  officers 
;md  employees  of  the  hospital  residing  at  the  hospital  or  in 
the  immediate  vicinity  thereof,  or  in  cases  of  emergency. 

2158.  In  every  state  hospital  there  shall  be  a  contingent 
fund.     In  state  hospitals  for  the  insane  said  fund  shall  consist 
of  all  moneys  received  by  the  board  of  managers  other  than 
that  appropriated  by  the  state.     In  the  home  for  feeble-minded 
such  fund  shall  consist  of  all  moneys  received  by  the  board  of 
managers  other  than  that  appropriated  by  the  state  or  received 
by  them  from  the  several  counties  <>f  the  state  for  the  support 
of  inmates  actually  in  the  hospital.     The  emit  indent  fund  must, 
by  said  hoard,  be  expended  for  such  supplies,  expenses,  build- 
ings,   lands    and    other   property    and   improvements    as    are 
required  for  the  best  interests   of   the   hospital   arid  for  the 
improvement  thereof  and  of  the  ^rounds  and   buildings  con- 
nected   therewith.     The    medical    superintendent     must     make 
triplicate  estimates,  in  minute  detail,  as  approved  by  the  board 
of    managers,    of    such    supplies,    expenses,    buildings,    and 
improvements  which    must    be  .submitted  to   the   commission. 
The   commission   may   revise   the   estimates  of  such  supplies, 
expenses,  buildings,  and  improvements,  and  must   certify  that 
it   has  carefully   examined  the  same,   and  that  tin-  supplies, 
expenses,  buildings,  and  improvements  contained  in  such  esti- 
mates, as  approved  by  it,  are  required  for  the  best  interests  of 
such  hospital;  whereupon  the  board  of  managers,  after  having 
received  the  revised  and  approved  estimates,  must  proceed  to 
purchase  such  supplies,  make  such  expenditures,    »r  construct 
.such    improvements   or   buildings    without    further   authority, 
itemized  bills   for  the  same  to  be  approved  by   the   board  of 
managers  and  paid  in  the  same  manner  as  other  bills  incurred 
by  the  hospital.     The  building  a£t  of  eighteen  hundred  and 
seventy-six  does  not  apply  to  any  improvement,  structure,  or 
building  made  under  the  provisions  of  this   act.     The  com- 
mission may  also  require  the  board  of  managers  to  obtain  such 
plans  and  specifications  for  buildings  or  improvements  as  it 
deems  advisable,  and  may  also  require  the  board  of  managers, 
before  letting  contracts  for  supplies,  buildings  and  improve- 
ments, to  advertise  for  bids  for  the  same  for  a  period  and  in 
such  papers  as  the  commission  deems  proper. 

2159.  The  treasurer  of  each  hospital  must : 

1.  Subject  to  the  provisions  of  chapter  XCIII,  statutes  of 
1899,  approved  March  17,  1899,  have  the  custody  of  all  moneys 


LUNACY   LAW.  17 

received  from  the  state,  or  elsewhere,  for  the  benefit  of  the 
hospital,  or  any  of  its  inmates,  and  keep  an  accurate  account 
thereof; 

2.  Have  the   custody  of  all  bonds,   notes,   mortgages,   and 
other  securities  and  obligations  belonging  to  the  hospital; 

3.  Receive  all  money  for  the  care  and  treatment  of  patients, 
and  other  sources  of  revenue  to  the  hospital ; 

4.  Subject  to  the  provisions  of  chapter  XCIII,  statutes  of 
1899,  approved  March  17,  1899,  deposit  all  such  moneys  in  a 
bank  designated  by  the  board  of  managers,  conveniently  near 
the  hospital,  in  his  name,  as  treasurer,  and  send  each  month, 
to  the  commission   and  the  board  of  managers,  a  statement 
showing  the  amount  so  received  and  deposited,  and  from  whom 
and  for  what  received,  and  when  such  deposits  were  made. 
Such  statement  of  deposit  must  be  certified  by  the  proper 
officer  of  the  bank  receiving  such  deposit.     The  treasurer  must 
make  an  affidavit  to  the  effect  that  sum  so  deposited  is  all  the 
money  received  by  him,  from  any  source  of  hospital  income, 
up  to  the  time  of  the  last  deposit  appearing  on  such  statement; 

5.  Pay  out  the  money  deposited  for  the  uses  of  the  state  hos- 
pital,   upon   the   voucher   of   the   steward,    approved   by  the 
superintendent,  in  accordance  with  the  estimates  made  by  the 
superintendent,  and  revised  and  approved  by  the  board  of 
managers  and  by  the  commission; 

6.  Keep  full  and  accurate  accounts  of  all  receipts  and  pay- 
ments, in  the  manner  directed  in  the  by-laws,  and  according  to 
the  books  and  forms  approved,  prescribed  and  furnished  by 
the  commission ; 

7.  Balance  all  accounts  on  his  books  annualty,  on  the  last 
clay  of  June,  and  make  a  statement  thereof,  and  an  abstract  of 
the  receipts  and  payments  of  the  past  year,  and  deliver  the 
same,  within  ten  days,  to  the  finance  committee  of  the  man- 
agers, who  must  compare  the  same  with  the  books  and  vouchers, 
and  verify  the  results  by  further  comparison  with  the  books  of 
the  steward,  and  certify,  in  regard  to  the  correctness  thereof, 
to  the  managers  at  their  next  meeting; 

8.  Render  an  account  to  the  state  of  the  books  and  the  funds 
and  other  property  in  his  custody,  whenever  required  by  the 
managers  or  by  the  commission; 

9.  Upon   the   order   of   the   board   of   managers,   execute   a 
release  and  satisfaction  of  a  mortgage,  judgment,  or  other  lien 
or  debt,  in  favor  of  the  hospital,  when  the  same  has  been  paid ; 

10.  Upon  the  order  of  the  board  of  managers  to  pay  all 
moneys  and  return  all  property  in  his  possession  belonging  to 
any  patient  to  said  patient  or  to  the  persons  entitled  thereto, 
when  said  patient  is  discharged.     Upon  the  order  of  the  board 
of  managers,  when  any  patient  dies,  to  pay  over  all  moneys  and 
turn   over   all  property  in   his  possession  belonging  to   such 
patient  to  the  persons  entitled  thereto. 


18  .  LUNACY   LAW. 

2160.  The  treasurer  of  each  state  hospital  shall,  each 
month,  send  to  the  commission  an  audit  sheet  showing  the 
payment  of  claims  allowed  by  the  board  of  examiners  for 
the  preceding  month  for  the  expenses  of  the  hospital.  Such 
audit  sheet  must  show  the  number  of  each  voucher,  the  name 
of  the  claimant,  to  whom  paid,  number  of  check,  date  of  pay- 
ment and  amount  for  which  it  was  allowed  by  the  state  board 
of  examiners.  Such  audit  sheet  must  he  verified  by  the  affi- 
davit of  the  treasurer  attached  thereto,  in  the  following  form : 

"I ,  treasurer  of  the state  hospital,  do 

solemnly  swear  that  I  have  deposited  in  the  bank  designated 
by  the  board  of  managers  for  such  purpose,  all  the  moneys 
received  by  me,  as  hereinbefore  set  forth,  on  account  of  the 
hospital  for  the  preceding  month,  and  I  do  further  swear  that 
the  foregoing  is  a  true  abstract  of  all  the  moneys  received,  as 
hereinbefore  mentioned,  and  payments  made  by  me,  or  under 
my  direction,  as  such  treasurer,  for  the  month  ending  on  the 
day  of ,  19___." 

There  must  also  be  attached  the  affidavit  of  the  steward,  to 
the  effect  that  the  goods  and  other  articles  therein  specified 
were  ordered,  or  purchased,  and  received  by  him,  or  under  his 
direction,  at  the  hospital,  and  that  neither  he,  nor  any  person 
in  his  behalf,  had  any  pecuniary  or  other  interest  in  the  articles 
purchased ;  that  he  received  no  pecuniary  or  other  benefit  there- 
from in  the  way  of  commission,  percentage,  deduction,  or 
presents,  or  in  any  manner  whatever,  directly  or  indirectly; 
that  the  articles  and  bills  conform  in  all  respects  to  the  invoiced 
goods  received  and  ordered  by  him,  both  in  quality  and 
quantity. 

2161.  The   steward,   under  the  direction  of  the  superin- 
tendent, shall  be  accountable  for  the  careful  keeping  and  eco- 
nomical use  of  all  furniture,  and.  under  the  direction  of  the 
superintendent,    shall   make    all    purchases    for    the    hospital 
according  to  the  provisions  of  subdivisions  thirteen  and  four- 
teen of  section  twenty-one  hundred  and  fifty-three  a  and  sec- 
tion twenty-one  hundred  and  lift y-eiuht.  receive  the  same,  and 
preserve  the  original  hills  and  receipts  therefor,  and  keep  full 
and  accurate  accounts  of  all  such  proceedings.     The  steward 
at  all  times  shall  have  control  of  the  farm,  live  stock,  grounds, 
and  all  outside  departments.    .He  shall  receive  all  supplies  and 
see  that  they  are  the  articles  ordered  and  of  proper  weight  and 
quality,  reject  those  that  are  below  the  standard  adopted.     He 
shall  exercise  general  supervision  over  the  kitchen  and  all  food 
supplies  and  see  that  they  are  properly  cooked  and  served.     He 
shall  receive  all  products  of  farm  and  garden,  and  keep  true 
and  accurate  books  and  accounts  of  such  products  and  all  sup- 
plies and  materials  under  his  supervision. 

2162.  No    expenditure    for   supplies,    or    other   purposes, 


LUNACY   LAW.  19 

must  be  made  by  the  board  of  managers  of  any  state  hospital 
for  the  benefit  of  such  hospital,  by  contract  or  otherwise,  unless 
in  conformity  with  the  provisions  of  this  chapter,  in  relation 
to  estimates.  No  manager  or  officer  of  the  hospital  must  be 
interested,  directly  or  indirectly,  in  the  furnishing  of  material, 
labor,  or  supplies  for  the  use  of  the  hospital. 

2163.  The  state  hospitals  may  make  or  manufacture  such 
supplies  and  materials  necessary  or  required  to  be  used  in  any 
of  the  state  hospitals  and  which  can  be.  economically  made  or 
manufactured  therein.     The  necessary  cost  and  expense  of  pro- 
viding for  the  making  and  manufacture  of  such  supplies  and 
materials  and  to  conduct  and  carry  on  the  same  shall  be  paid 
for  out  of  the  contingent  funds  of  the  hospitals.     In  making 
proper  provision  for  the  making  and  manufacture  of  such  sup- 
plies and  materials,  the  board  of  managers  and  the  officers 
and  employees  of  the  hospitals  shall  be  governed  by  the  pro- 
visions of  this  act  relating  to  the  contingent  fund  of  each  state 
hospital.     No  hospital  shall  enter  into  or  engage  in  making  or 
manufacturing  any  supplies  or  materials  unless  permission  for 
the  same  is  obtained  from  the  commission.     Such  permission 
must  be   by  resolution  of   the  commission,   duly  passed   and 
entered  of  record  on  the  minutes  of  the  commission.     The  com- 
mission may,  at  any  time,  when,  in  the  judgment  of  the  com- 
mission, it  shall  appear  that  the  manufacture  of  any  article 
or  articles  is  not  being  or  can  not  be  economically  carried  on 
at  a  state  hospital,  suspend  or  stop  the  manufacture  of  such 
article  or  articles,  and  on  receipt  of  a  certified  copy  of  the  order 
of  the  commission  directing  the  suspension  or  stopping  of  such 
manufacture,  by  the  medical  superintendent,  the  hospital  shall 
cease  from  manufacturing  such  article  or  articles. 

2164.  Each   superintendent,   treasurer,   and  steward,   be- 
fore entering  upon  his  duties  as  such,  must  take  the  constitu- 
tional oath  of  office,  and  file  the  same  in  the  office  of  the  secre- 
tary of  state. 

2165.  During  the  month  of  June  of  each  year  the  medical 
superintendent  shall  make  a  complete  and  accurate  inventory 
in  minute  detail  of  the  stock  and  supplies  on  hand  at  said 
hospital.     Said  inventory  shall  be  under  the  following  heads: 
Live  stock ;  farm  produce  on  hand ;  wragons,  carriages  and  other 
vehicles ;    agricultural    and    farming    implements ;    tools    and 
machinery;  other  tools,  implements,  machinery  and  mechanical 
appliances    and    fixtures;    real    estate;    beds    and    bedding; 
carpets  and  furniture  in  patients'  apartments;  beds,  bedding, 
carpets   and   furniture    in   apartments   used   by   officers   and 
employees  and  purchased  by  the  state;  personal  property  of 
the   state    in    all   departments;    ready-made   clothing;    cloths, 
materials  and  dry  goods  purchased  for  clothing  and  hospital 
purposes ;  groceries  and  provisions ;  drugs  and  medicines ;  fuel 


20  LUNACY   LAW. 

on  hand ;  stationery  and  office  supplies ;  hardware ;  lumber  and 
building  materials ;  and  all  other  property  under  such  heads  as 
the  meclical  superintendent  shall  deem  proper.  Said  inventory 
shall  cover  the  fiscal  year  ending  June  30,  of  each  year.  One 
copy  of  such  inventory  shall  be  forwarded  to  the  commission 
on  or  before  the  first  day  of  July  of  each  year.  One  copy  shall 
be  filed  with  the  board  of  managers,  and  one  copy  retained  by 
the  superintendent. 

2165^.  No  civil  action  must  be  brought  against  the  com- 
mission, or  a  commissioner  in  lunacy,  or  an  officer  or  manager 
of  a  state  hospital,  because  of  any  act  done  or  failure  to  per- 
form any  act,  while  dischar!/m<_:  his  official  duties,  without 
leave  of  the  controller  first  Imd  and  obtained.  Any  just  claim 
for  damages  against  such  commission  or  commissioner,  officer 
or  employee,  for  which  tin-  stale  would  l>r  h-iraHy  or  equitably 
lialde.  may  be  paid  out  of  any  moneys  appropriated  for  the 
care  of  the  insane  or  other  incompetents. 

2166.  The   authorities   of   eaeh    state    hospital    must    place 
on  file  in  the  office  of  the  institution,  the  recommendations  made 
by  the  commissioners,  as  ,-i  result  of  their  visit,  for  the  purpose 
of  consultation  by  sii'-h   authorities,   and    for   reference  by   the 
commissioners  upon  their  visit  to  such  institution. 

2167.  The  board  of  supervisors  of  each  county,  and  city 
and  counly.  must   maintain   in  the  county,  or  city  and  county, 
or  in   a    receiving  hospital   situate  therein,   a   suitable   room   or 
rooms   for   the  detention,   board,   care,   and  treatment   of   the 
alleged  insane,  for  a  period  of  not  less  than  one  nor  more  than 
twenty    days.     These    rooms    and    their    1'urnis:iinirs    must    be 
subject   to  the  approval  of  the  commission,   and   each   person 
having  charge  and  control  of  any  such  hospital  or  rooms  and 
their    furnishings,   must   allow   the   commission   to    make   such 
investigations  thereof  as  it   may  at  any  time  deem  necessary. 
Nothing  in  this  section  must  be  construed  to  mean  that  insane 
persons  may  not  be  detained,  cared  for,  boarded,  and  treated, 
by  and  with  the  consent  of  the  commission,  in  their  own  homes, 
or  homes  of  their  relatives  or  friends,  or  in  a  licensed  private 
hospital. 

2167rt.  The  superior  judge  of  each  county,  or  city  and 
county,  may  grant  certificates  in  accordance  with  the  form 
prescribed  by  the  commission,  showing  that  the  persons  named 
therein  are  reputable  physicians  and  graduates  of  incorporated 
medical  colleges,  and  have  been  in  active  practice  of  their  pro- 
fession at  least  five  years,  and  when  certified  copies  of  such  cer- 
tificates have  been  filed  with  the  commission,  the  persons  therein 
named  become  knowrn  as  "medical  examiners."  and  there  must 
at  all  times  be  at  least  two  such  medical  examiners  in  each 
county.  Such  certificate  may  he  revoked  by  the  commission 
for  incompetency  or  neglect,  and  shall  not  be  again  granted 
without  the  consent  of  the  commission. 


LUNACY    LAW.  21 

This  act  shall  be  known  as  the  psychopathic 
parole  act  and  shall  apply  to  persons  mentally  sick  and  border- 
ing on  insanity  but  not  dangerously  insane. 

1.  The  office  of  psychopathic  probation  officer  may  be  created 
in  any  county  in  this  state  by  the  board  of  supervisors  thereof. 
The  psychopathic  probation  officers  and  deputy  psychopathic 
probation  officers  to  serve  hereunder  shall  be  nominated  and 
appointed  by  the  judge  of  the  superior  court  by  written  order 
entered  in  the  minutes  of  said  court.  The  term  of  office  ,of  the 
psychopathic  probation  officers  and  deputy  psychopathic  pro- 
bation officers  shall  be  during  the  pleasure  of  the  court  and 
ni.-iy  at  any  time  be  removed  by  said  court  in  its  discretion. 
Such  psychopathic  officers  shall  devote  their  entire  time  and 
attention  to  the  duties  of  their  office.  It  shall  be  the  duty  of 
the  clerk  of  said  court  before  any  mentally  sick  or  insane  per- 
son is  brought  before  the  court ,  under  the  provisions  of  this 
act  to  notify  one  of  the  probation  officers  of  said  court. 

2..  The  said  psychopathic  probation  officer  shall  inquire  into 
the  antecedents, ,  character,  family  history,  environment  and 
superinducing  cause  of  the  mental  sickness  or  insanity  of  every 
alleged  mentally  sick  or  insane  person  brought  before  the 
court  and  shall  make  his  report  to  the  judge  thereof,  in 
writing  or  verbally  in  open  court  or  in  chambers  as  directed 
by  the  judge  of  said  court*  Every  psychopa'thic  probation 
officer,  assistant  psychopathic  probation  officer  and  deputy 
psychopathic  probation  officer  shall  have  the  powers  of  peace 
officers  at;  any  time  at  his  or  her  discretion ;  such  officer  may 
bring  any  mentally  .sick  or  insane  person  .committed  to  the 
care  of  such  psychopathic  probation  officer  before  the  court 
for  such  further  other  action  as  the  court -may  deem  proper. 

3.  In  each  county  where  the  office  of  psychopathic  parole 
officer  has  been  created  under  the  provisions  of  this  act,  the 
judge  of  the  superior  court  shall  have  power  to  appoint  two 
psychopathic  probation  officers,  and  as  many  deputies  as  -may 
be  convenient  or  necessary  may  from  time  to  time  be  appointed 
by  the  judge  of  the  superior  court ;  and  providing,  further,  that 
such  deputies  shall  serve  without  compensation.     Each  of  said 
psychopathic  probation  officers  shall  receive  such  salary  as  may 
be   determined  upon   by  the   board  of  supervisors,   and  the 
salaries  of  such  psychopathic  probation  officers  shall  be  paid 
out  of  the  county  treasury  of  the  county  of  which  they  are 
appointed   respectively   and   in   the   same   manner   as   county 
officers. 

4.  The  psychopathic  probation  officers  and  deputy  psycho- 
pathic probation  officers  shall  be  allowed  such  necessary  inci- 
dental expenses  as  may  be  authorized  by  the  judge  of  the 
superior  court  and  the  same  shall  be  a  charge  upon- the  county 
in  which  the  court  appointing  them  has  jurisdiction  and  said 


22  LUNACY    LAW. 

expenses  shall  be  paid  out  of  the  county  treasury  upon  a 
written  order  by  the  judge  of  the  superior  court,  directing 
the  county  auditor  to  draw  his  warrant  upon  the  county  treas- 
urer specifying  the  amount  of  such  expenditure. 
*  5.  If  on  the  examination  as  provided  by  law,  the  court 
finds  a  person  to  be  mentally  sick  and  bordering  on  insanity 
but  not  dangerously  insane,  the  court  may  commit  such  persons 
to  the  care  and  custody  of  the  psychopathic  probation  officer 
and  may  allow  said  persons  to  remain  in  the  home  of  said 
persons  subject  to  the  visitation  of  a  probation  officer  and  be 
subject  to  be  returned  to  the  court  for  further  proceedings 
whenever  such  action  may  appear  necessary  or  desirable ;  or 
the  court  may  commit  the  person  so  found  to  be  mentally 
sick  or  bordering  on  insanity  hut  not  dangerously  insane,  to 
be  placed  in  a  suitable  home,  sanitarium  or  rest  haven  home, 
subject  to  the  supervision  of  said  psychopathic  probation 
officer  and  the  further  order  of  the  court;  provid«l.  however, 
that  the  reasonable  cost  in  a  sum  to  be  fixed  by  the  court  at 
the  time  of  the  commit incut,  shall  be  defrayed  out  of  the 
estate  of  the  patient  so  committed  <>r  shall  be  a  charge  upon 
his  relatives  liable  for  such  maintenance;  provid<  d.  however, 
that  if  the  patient  is  found  t<>  tie  indigent  and  without  funds 
or  relatives  responsible  for  his  maintenance  able  to  pay  such 
charge,  then  the  same  shall  be  a  charge  upon  the  county  in 
wrhich  court  has  jurisdiction  and  said  expense  shall  be  paid 
out  of  the  county  treasury  upon  a  written  order  of  the  judge 
of  the  superior  court  of  said  county,  directing  the  county 
auditor  to  draw  his  warrant  upon  the  county  treasurer  specify- 
ing the  amount  of  such  expense. 

6.  This  act  shall  be  liberally  construed  to  the  end  that  its 
purpose  may  be  carried  out.  to  wit  :  that  the  humane  care  and 
custody  of  the  mentally  sick  or  near-insane  persons,  as  defined 
in  this  act,  shall  be  provided  for  that  restoration  of  such 
patients  to  a  normal  mental  condition  be  as  rapid  as  possible 
without  committing  said  patient  to  an  insane  hospital.  All 
acts  and  parts, of  acts  in  conflict  herewith  are  hereby  repealed. 

2168.  Whenever  it  appears  by  affidavit  to  the  satisfaction 
of  a  magistrate  of  a  county,  or  city  and  county,  that  any  per- 
son therein  is  so  far  disordered  in  his  mind  as  to  endanger 
health,  person,  or  property,  he  must  issue  and  deliver  to  some 
peace  officer,  for  service,  a  warrant  directing  that  such  person 
be  arrested  and  taken  before  a  judge  of  the  superior  court  of 
the  county,  for  a  hearing  and  examination  on  such  charge 
Such  officer  must  thereupon  arrest  and  detain  such  person  until 
a  hearing  and  examination  can  be  had.  as  hereinafter  provided. 
At  the  time  of  the  arrest  a  copy  of  said  affidavit  and  warrant 
of  arrest  must  be  personally  delivered  to  said  person.  Such 


LUNACY   LAW.  23 

affidavit  and  warrant  shall  be  in  substantially  the  following 
form: 

IN  THE -  COURT, 

OF _ .— , 

COUNTY  OF ,  STATE  OF  CALIFORNIA. 

AFFIDAVIT  OF  INSANITY. 

In  the  Matter  of ,  an  Alleged  Insane  Person. 

STATE  OF  CALIFORNIA,  |  gg 
County  of f 

,  being  duly  sworn,  deposes  and 

says  that  there  is  now  in  said  county,  in  the  city  or  town  of 

,  a  person  named 

,  who  is  insane,  and  is  so  far  disordered 

in  mind  as  to  endanger  the  health,  person,  or  the  property  of 

h self,  or  of  others,  and  that he,  at in  said 

county,  on  the day  of ,  19 ,  threatened 

and  attempted  (state  actions,  etc.)  


That  by  reason  of  said  insanity,  said  person  is  dangerous 
to  be  at  large; 

Wherefore,  affiant  prays  that  such  action  may  be  had  as  the 
law  requires  in  the  cases  of  persons  who  are  so  far  disordered 
in  mind  as  to  endanger  health,  person,  and  property. 


Subscribed  and  sworn  to  before  me,  this day  of 


WARRANT   OF  ARREST. 


In  the Court, County  of 

State  of  California. 


IN    THE    MATTER 

OF 


AN     ALLEGED     INSANE     PERSON. 


The  People  of  the  State  of  California,  to  any  Sheriff,  Constable, 
Marshal,  Policeman,  or  Peace  Officer,  in  this  State: 

The  affidavit  of ,  having  been  presented  this  day 

tome, 

county  of , 

State  of  California,  from  which  it  appears  that  there  is  now  in 

this  county,  at a  person  by  the  name  of , 

who  is  insane,  and  who  is  so  disordered  in  mind  as  to  endanger 
h own  health,  person,  and  property   (or  the  person,  lives, 


24  i.rxAcv  LAW. 

and  property  of  others),  and  that  it  is  dangerous  for  said  per- 
son to  be  at  large; 

And  it  satisfactorily  appearing  to  me  that  said 

_  is  insane,  and  so  far  disordered  in  h mind  as 

to  endanger  health,  person,  and  property; 

Now,  therefore,  you  are  commanded  forthwith  to  arrest  the 

above  named  person,   and  take  h before  a  judge  of  the 

superior  court  of  the  said  -- ^--  county  of 

for  a  hearing  and  examination  on  the  said  charge  of  insanity. 

And  I  hereby  direct  that  a  copy  of  this  warrant,  together 

with  a  copy  of  said  affidavit,  be  delivered  to  said 

,  at  the  time  of  h arrest  :  and  I  further  direct 

that  this  warrant  may  be  served  at  any  hour  of  tin-  ni<_rht. 

Witness  my  hand,  this day  of ,  19 


I  hereby  certify  that  I  received  tin-  above  warrant  of  arrest 

on  the day  of ,  19 ,  and  served  the 

said  warrant  by  arresting  the  said 

alleged  to  be  msam-.  and  In-miring before , 

judge  of  the  superior  court  <»f  said county  of 

,  on  the day  of ,  19___; 

and  I  further  certify  that  I  delivered  a  copy  of  said  warrant 
of  arrest.  together  with  a  ropy  of  tin-  at'tidavit  of  insanity,  as 

directed  in  said  warrant,   personally  to  said , 

at  the  time  of  the  arrest. 


He  must  lie  taken  before  a  judir«-  of  the  superior  court,  to 
whom  said  affidavit  and  warrant  of  arrest  must  be  delivered 
to  be  filed  with  tin-  elerk.  The  judge  must  then  inform  him 
that  he  is  charged  with  being  insane,  and  inform  him  of  his 
rights  to  make  a  defense  to  such  charge  and  produce  any  wit- 
nesses in  relation  thereto.  The  judge  must  by  order  fix  such 
time  and  place  for  the  hearing  and  examination  in  open  court 
as  will  give  reasonable  opportunity  for  the  production  and 
examination  of  witnesses.  .  Said  order  must  be  entered  in  the 
minutes  of  the  court  by  the  clerk  and  a  certified  copy  of  the 
same  served  on  such  person.  The  judge  may  also  order  that 
notice  of  the  arrest  of  such  person  and  of  the  hearing  on  the 
said  charge  of  insanity  be  served  on  such  relatives  of  said  per- 
son known  to  be  residing  in  the  county,  as  the  court  may  deem 
necessary  or  proper. 

2169.  The  superior  judge  may,  for  any  hearing,  issue 
subpoenas  and  compel  the  attendance  of  witnesses  and  must 
compel  the  attendance  of  at  least  two  medical  examiners,  who 


LUNACY    LAW.  ZO 

must  hear  the  testimony  of  all  witnesses,  make  a  personal 
examination  of  the  alleged  insane  person,  and  testify  before 
the  judge  a,s  to  the  result  of  such  examination,  and  to  any 
other  pertinent  facts  within  their  knowledge.  The  judge  must 
also  cause  to  be  examined  before  him  as  a  witness,  any  other 
person  whom  he  has  reason  to  believe  has  any  knowledge  of 
the  mental  condition  of  the  alleged  insane  person  or  of  his 
financial  condition  or  that  of  the  persons  liable  for  his  main- 
tenance. The  alleged .  insane  person  must  be  present  at  the 
hearing,  and  if  he  has  no  attorney,  the  judge  may  appoint  an 
attorney  to  represent  him. 

2170.  If  the  medical  examiners,  after  making  the  exam- 
ination and  hearing  the  testimony,  believe  such  person  to  be 
dangerously 'insane,  they  must  make  a  certificate,  under  their 
hand,  showing  as  nearly  as  possible  the  facts  as  herein  indi- 
cated, and  in  substantially  the  following  form  : 

CERTIFICATE   OF    MEDICAL    i.X  A  M  1  X  KRS. 

In  iJic  SII/H  riot'  Court  of  the  _, : Countij  of 


of  California. 


IN    THE    MATTKR 

OF 


AX     ALLEGED     INSANE     PERSON. 


t and ---, 

medical  examiners  in  the  county  of 

_,  duly  appointed  and  certified  as  such, 

do  hereby  certify,  under  our   hands,   that  we  have  attended 
before  adjudge  of  said  court  ai   the  examination  of  the  said 

i , ,  and  have  heard  the  testimony  of 

all  witnesses  sworn  and  examined  upon  said  hearing,  and  have 

made  a  personal  examination  of  the  said  : __^ .-_, 

and  have  testified  under  oath  before  said  court  to  the  following 
facts,  which  were 'the  result  of  said  .examination : 

STATEMENT  OF  FACTS. 

1.  Name, __,  alleged  insane  person, 

resides  at __,  county  of :___ _; 

age, years;  nativity, :_ — ! ___ ';  if 

foreign  born,  from  what  port  or  place  did  .__he  come  to  the 

United  States,  and  when  and  where  did he  land T 

_. ;  how  long  in  California, ; 

place  from  which he  came  to  this  state, ; 

sex, ;  color, . •  occupation, 

;  religious  belief, . __-  ; 

education — illiterate,    reads    only,    common   school,    academic, 
collegiate,    or    unknown.      [Strike    out    ivords    not    required.} 


26  I.PXACY    LAW. 

Civil  condition — single,  married,  widowed,  divorced.  [Strike 
out  words  not  mjuircd.]  If  female  and  married,  give  maiden 

name, ;  give  maiden  name  of 

mother, ;  number  of  children  of 

mother:  living, ;  dead. 

2.  Has  either  parent  been  addicted  to  the  use  of  opium, 
cocaine,  tobacco,  or  alcoholic  beverages  to  excess,  or  other  stimu- 
lating narcotics? 

•').  Have  any  relatives  been  eccentric  or  peculiar  in  any  way 
in  their  habits  <>r  pursuits.' If  so.  how? 

Have  any  relatives,  direct  or  collateral,  suffered,  or  are  they 
suffering,  from  any  form  of  chronic  disease,  such  as  consump- 
tion or  tuberculosis,  syphilis,  rheumatism,  neuralgia,  hysteria, 
or  nervousness,  or  tad  epilepsy  or  falling  sickness  .' 

4.  Which  parent    docs  alleged    insane   person    resemble  men- 
tally,   :  physically. ; 

habits  (cleanly  or  uncleanly  i 

(a)  Has  alleged  insane  person   ever  been  addicted  to  mas- 
turbation or  sexual  excesses  .' If  .so,  for 

how  long?   

(b)  lias  alleged  insane  person  ever  had  convulsions? 

If  so.  when  did  __he  have  the  first  one? 

When  the  last  one.' 

(c)  State  alleged  insane  pel-son's  habits  as  to  use  of  liquor, 
tobacco,    opium,    or    other    drugs,    and    whether   excessive   or 
moderate.   

(d)  What  is  alleged   insane   person's  natural   disposition  or 
temperament,  and  mental  capacity.' 

5.  Has  alleged  insane  person  insane  relatives.' 

If  so,  state  the  degree  of  consanguinity,  and  whether  paternal 
or  maternal,   

6.  What   is   alleged   insane   person's   general   physical   con- 
dition?  I 

7.  Specify  any  disease  of  which  alleged  insane  person  has 
suffered,  or  does  suffer,  or  any  injury  received. 

8.  Has  alleged   insane  person   ever  been   an  inmate  of  an 

institution  for  the  insane? If  so,  state  when,  where, 

and  how  long. Whether  discharged  or 

otherwise. 

(a)  Number  of  previous  attacks. 

(b)  Date  of  previous  attacks. 

(c)  Length  of  time  each  previous  attack  lasted. 

9.  Present  attack  began, Was  the 

present  attack  gradual  or  rapid  in  its  onset? 

10.  Is  alleged  insane  person  noisy,  restless,  violent,  danger- 
ous, destructive,  incendiary,  excited  or  depressed? 


LUNACY   LAW.  27 

(a)  Homicidal  or  suicidal?  (If  either  homicide  or  suicide 
has  been  attempted  or  threatened,  it  should  be  so  stated.) 

11.  Age  when  menses  appeared, 

(a)   Amount  and  character  before  insanity  appeared, 

(6)   Since  insanity  appeared, 

12.  Has  the  change  of  life  taken  place? 

(a)   Was  it  gradual  or  sudden? 

(&)   How  changed  from  normal? 

13.  Memory, 

(a)   Sleep,    . 

(6)   Headache  or  neuralgia, 

(c)  Constipation  or  indigestion, 

(d)  Hallucinations,   

(e)  Delusions,    (specify,  if  possible,   and  whether  fixed  or 
changeable) 

14.  What  is  the  supposed  cause  of  insanity? — Predisposing, 
Exciting, 

Other  facts  indicating  insanity.  (State  what  the  alleged 
insane  person  said  and  did  in  the  presence  of  the  examiners, 
and  how  changed  in  business  or  social  habits,  and  disposition, 
as  communicated  to  examiners  bv  others.).. 


What  treatment  has  been  pursued  (state  remedies  given,  and 

whether  hypodermically  or  not)  ? 

Whether  patient  has  been  restrained  by  muff,  belt,  or  other- 
wise,     

Diagnosis:    

Xame  and  address  of  correspondent, 

Telegraphic  address, 

Relationship  of  correspondent  to  alleged  insane  person, 

And  we  do  further  certify  that  we  believe  the  said 

is  so  far  disordered  in  his  mind  as  to 

endanger (state  whether  the  danger 

is  to  health,  person,  and  property,  or  either,  or  any,  as  the  case 
may  be.) 

Dated  this  _  _  dav  of  _  .  19__ 


Medical  Examiners  in  the County 

of ,  State  of  California. 

2171.  The  judge,  after  such  examination  and  certificate 
made,  if  he  believes  the  person  so  far  disordered  in  his  mind  as 
to  endanger  health,  person,  or  property,  must  adjudge  him 
insane,  and  make  an  order  that  he  be  confined  in  a  hospital 
for  the  care  and  treatment  of  the  insane,  designated  in  such 


28  LUNACY    LAW. 

order,  and  the  order  must  be  accompanied  by  a  written  state- 
ment of  the  judge  as  to  the  financial  condition  of  the  insane 
person  and  of  the  persons  legally  liable  for  his  maintenance, 
as  far  as  can  be  ascertained.  Such  order  and  statement  shall 
be  in  substantially  the  following  form  : 

JUDGMENT  OP  INSANITY  AND  ORDEK  OK  COMMITMENT  OF  INSANE 

PERSON; 

In  UK   Superior  Court  of  flu County  of 

8tai<   of  Cdli forum. 


IN    HIE    MATTER 

OF 




AX     ALLEGED     INSANE     PERSON. 


On  this day  of A.  I).  10__ 

a  person  alleged  to  be  insane,  was 

brought  before  rue  in  open  court.  1'or  a  hearing  and  examina- 
tion on  a  char.'e  of  insanity,  on  1  he  affidavit  of  ___ _: 

charuitm  h with  insanity,  made  before, 

and  on  a   warrant   of  artvst    issued  thereon  by 

a   ma-jiMi-ate  of  said 

county  of ,  and  upon 

the  order  of  this  court,  (ixini;  time  and  place  for  the  heariuir 
and  exaininat inn  of  said  charge,  made  in  open  court,  and  it 
appearing  to  the  court  that  said  aliened  in-aiie  person,  when 
said  order  was  made.  was  then  and  there  personally  present  in 
open  court,  and  was  then  and  there  informed  by  the  court 

that   --he  was  charged  with  hcmy  insane,  and  of  h rights 

ti>   make  a  defense  to  such  charge,  and  of  his  right  to  be 

represented    by   counsel,   and   to   produce    witnesses   on   h 

behalf,  and  to  have  subpo-nas  issued  to  compel  the  attendance 
of  witnesses,  and  was  further  informed  that,  if  at  such  hearing 

and   examination, he   should   be  ordered   committed,   that 

___he  might,  within  five  days  after  the  making  of  such  order 

of  commitment,  demand  that  the  <|iiestion  of  h insanity  be 

tried  by  a  jury  before  said  superior  court. 

And  it  further  appearing  to  the  court,  that  the  original 
order  fixing  time  and  place  for  said  hearing  and  examination, 
was  entered  in  the  minutes  of  the  court  by  the  clerk  thereof, 
and  a  duly  certified  copy  of  said  order  was  duly  served  on  said 

alleged  insane  person,  and  upon : 

,  relatives  of  said  alleged  insane 

person,  residing  in  said county  of 

,  as  were  deemed  by  the  court  necessary  or 

proper 'persons  to  be  served  with  notice  of  the  arrest  of  said 
alleged  insane  person,  and  of  the  hearing  on  said  charge  of 
insanitv. 


LUNACY    LAW.  29 

At  said  hearing  and  examination,  said  alleged  insane  person 

was  represented  by 

an  attorney  of  this  court    (appointed  by  the  court  for  that 
purpose). 

The  court  thereupon,  in  open  court,  proceeded  with  the  hear- 
ing and  examination  of  said  alleged  insane  person,  and 


were  sworn  and  examined  as  witnesses  in  regard  to  the  mental 
condition  of  said  alleged  insane  person,  h financial  condi- 
tion, and  that  of  the  persons  liable  for  h care,  support,  and 

maintenance. 

At  said  hearing  and  examination,  there  were  in  attendan.ce, 

and , 

two  regularly  appointed  and  qualified  medical  examiners  of 

said county,  who  then  and  there  heard 

the  testimony  of  all  the  witnesses,  and  each  of  whom  made  a 
personal  examination  of  said  alleged  insane  person,  and  testified 
before  the  court  as  to  the  results  of  such  examinations,  and 
other  pertinent  facts  Avithin  their  knowledge. 

Said  medical  examiners,  after  making  the  examination  and 
hearing  the  testimony  of  the  witnesses,  and  testifying  as  afore- 
said, did  make  a  certificate  showing  all  the  facts  required  by 
section  2170  of  the  Political  Code,  which  certificate  is  hereto 
attached  and  made  a  part  hereof. 


Xow,  therefore,  after  such  examination  and  certificate  made 
as  aforesaid,  the  court  being  satisfied  from  the  testimony  of 
said  witnesses,  and  of  the  truth  of  the  matters  set  forth  in 

said  certificate,  that  said is 

insane,  and  is  so  far  disordered  in  mind  as  to  endanger  health, 
person,  and  property,  and  that  it  is  dangerous  for  life,  health, 
person,  and  property,  for  such  person  to  be  at  large,  and  that 

h condition  is  such  as  to  require  care  and  treatment  in  a 

hospital  for  the  care  and  treatment  of  the  insane. 

It  is  therefore  ordered,  adjudged,  and  decreed,  that  said 

is  insane,  and  that he  be  committed  to  and  confined 

in  the state  hospital,  at ,  California. 

It  is  further  ordered  and  directed,  that , 

sheriff  of  the county  of ,  take, 

convey,  and  deliver  said to  the  proper 

authorities  of  said  hospital,  to  be  held  and  confined  therein  as 
an  insane  person. 

The  sum  of dollars  having  been  found  on  the 

person  of  said  person  at  the  time  of  h_-_  arrest,  and  said  sheriff 


30  LUNACY    LAW. 

is  ordered  to  take  possession  of  the  same  and  deliver  it  to  the 
medical  superintendent  of  said  institution  with  said  insane 
person. 

Done  in  open  court  this day  of ,  19__. 

Judge  of  the  Superior  Court. 

County  of ,  State  of  California. 

STATEMENT   OF   FINANCIAL   ABILITY. 

As  to  the  ability  of  said 

to  pay  for  h care  and  support  at  the  hospital,  I  find  on 

diligent  inquiry  that  said  

is  possessed  of  real  estate  to  the  estimated  value  of 

situated  in and  of 

the  following  dascription : 


also  iin>  Following  described  personal  property:... 
Hint  the  income  from  s;iid  properly  is  as  follows: 


that  said  _____________  is  able  1«i  pay  the  sum  of  _____________ 

per  month  ____  for  h  ___  care  and  support  at  the  ____________ 

and  address  of  iz'iia  rdiari  :  ________________  residing  at 


That  said  ____________  has  relatives  as  follows:  __________ 

----------  residing  al   _______  ^  ________________  residing  at 

______________________   residing  at  ______________________ 

That  said  relatives   are   linaneially   able  to  pay  for  the  eare 
and  support  of  said  ______________________  ,  at  the  hospital, 

the  sum  of  ____________________  per  month. 

Dated  _____________________  ,  19... 

Judge  of  the  Superior  Court,  ________  County 

of  --------------------  ,  State  of  California. 

CLERK'S  CERTIFICATE. 
STATE  OF  CALIFORNIA, 


County  of  '  S 


I, ,  County  Clerk  and  ex  officio 

clerk  of  the  Superior  Court  of  the County  of _, 

do  hereby  certify  the  foregoing  to  be  a  full,  true,  and  correct 
copy  of  the  original  Affidavit  of  Insanity  and  Order  of  Arrest, 
Order  Fixing  Time  for  Hearing  and  Examination,  Statement 
of  Financial  Ability,  Certificate  of  Medical  Examiners,  Judg- 


LUNACY   LAW.  31 

ment  of  Insanity  and  Order  of  Commitment  on  file  in  my  office, 
and  that  I  have  carefully  compared  the  same  with  the 
originals. 

In  ivitness  whereof,  I  have  hereunto  set  my  hand  and  affixed 

the  seal  of  said  Superior  Court,  this day  of 

,  19—. 

County  Clerk  and  ex  officio  Clerk  of  the  Superior 

Court  of  the County  of 

,  State  of  California. 

By 

Deputy  Clerk. 

Copies  of  such  order,  of  the  certificate  of  the  examiners  and 
of  such  accompanying  statement  must  be  filed  with  the  county 
clerk,  and  said  order  must  be  recorded  by  the  county  clerk  of 
the  county  in  which  such  order  was  made. as  are  other  judg- 
ments of  said  court.  He  shall  also  keep,  in  convenient  form,  an 
index  book,  showing  the  name,  age,  and  sex  of  the  person  so 
ordered  to  be  confined  in  any  such  hospital,  with  the  date  of  the 
order  and  the  name  of  the  hospital  in  which  the  person  is 
ordered  to  be  confined.  Xo  fees  must  be  charged  by  the  clerk 
for  performing  any  of  the  duties  provided  for  in  this  section. 

2172.  The  insane  person,  together  with  certified  copies  of 
the  affidavit,  warrant  of  arrest,  and  of  the  order  for  hearing 
and  examination,  the  order  and  accompanying  statement  of  the 
judge  and  the  certificate  of  the  physicians,  must  be  delivered 
to  the  sheriff  of  the  county,  and  by  him  must  be  delivered  to 
the  officer  in  charge  of  the  hospital  to  which  such  person  is 
committed:  but  no  female  inline  person  shall  be  taken  to  any 
hospital  without  the  attendance  of  some  other  female  or  of  some 
relative. of  such  insane  person. 

Any  moneys  found  on  the  person  of  an  insane  person  at  the 
time  of  arrest  must  be  certified  to  by  the  judge,  and  sent  with 
such  person  to  the  hospital,  there  to  be  delivered  to  the  medical 
superintendent.  If  the  sum  exceed  one  hundred  dollars,  the 
excess  must  be  applied  to  the  payment  of  the  maintenance  and 
medical  attendance  of  such  person  while  in  the  hospital ;  if  the 
sum  is  one  hundred  dollars  or  less,  it  may  be  expended  for  the 
personal  expenses  of  the  person  or  applied  to  the  payment  of 
funeral  expenses  if  the  person  dies  at  the  hospital. 

2173.  The  superintendent  or  person  in  charge  of  any  state 
hospital  may  refuse  to  receive  any  person  upon  any  order,  if 
the  papers  presented  do  not  comply  with  the  provisions  of  the 
preceding  section. 

2174.  If  a  person  ordered  to  be  committed,-  or  any  friend 
in  his  behalf,  is  dissatisfied  with  the  order  of  the  judge  com- 
mitting him,  he  may,  within  five  days  after  the  making  of 


M2  LI'XACY    LAW. 

such  order,  demand  that  the  question  of  his  .sanity  be  tried  by 
a  jury  before  the  superior  court  of  the  county  in  which  he 
was  committed.  Thereupon  that  court  must  cause  a  jury  to  be 
summoned,  and  to  be  in  attendance  at  a  date  stated,  not  less 
than  five  nor  more  than  ten  days  from  the  date  of  the  demand 
for  a  jury  trial.  At  such  trial  the. cause  against  the  alleged 
insane  must  be  represented  by  the  district  attorney  of  the 
county,  and  the  trial  must  he  had  as  provided  by  law  for  the 
trial  of  civil  causes  before  a  jury,  and  the  alleged  insane  person 
must  be  Discharged  iMilrss  a  verdict  that  he  is  insane  is  found 
by  at  least  three  fourths  of  the  jury.  If  the  verdict  of  the  jury 
is  that  he  is  insane,  the  judge  must  adjudge  that  fact  and  make 
an  order  of  commitment  as  upon  the  original  hearing.  Such 
order  must  be  presented,  at  the  time  of  commitment  of  such 
insane  person,  to  the  superintendent  or  person  in  charge  of  the 
hespital  to  which  the  insane  person  is  committed,  and  a  eopy 
thereof  be  forwarded  by  such  superintendent  to  the  commission, 
and  filed  in  its  eftiee.  Proceedings  under  the  order  must  not  be 
Clayed,  pending  the  proceedings  for  detei-mininu  the  question 
of  vanity  by  a  jury,  except  upon  the  order  of  a  superior  judge, 
with  provision  made  therein  for  such  temporary  care  and  cus- 
tody of  the  alleged  insane  person  as  may  be  deemed  necessary. 
If  the  superior  juduv.  by  the  order  granting  the  stay,  commits 
the  accused  insane  to  the  custody  of  any  person  other  than  a 
peace  officer,  he  may.  by  Midi  order,  require  a  bond  for  his 
appearance  at  the  trial.  If  a  judge  refuses  to  <_:rant  an  applica- 
tion for  ;ni  order  of  commitment  of  an  insane  person  alleged 
to  be  dangerous  to  himself  and  i  thers  if  at  large,  he  must  state, 
his  reasons  for  such  refusal,  and  any  person  aggrieved  thereby 
may  demand  a  trial  of  the  question  of  the  insanity  of  such 
accused  insane,  in  the  manner  hereinbefore  provided  for  a  jury 
trial  when  demanded  by  or  on  behalf  of  the  accused  insane. 

2175.  The  cost  necessarily  incurred  in  determining  the 
insanity  of  a  poor  or  indigent  person  and  securing  his  admis- 
sion into  a  state  hospital,  and  the  expense  of  providing  proper 
clothing  for  him  in  accordance  with  the  rules  and  regulations 
adopted  by  the  commission,  is  a  charge  upon  the  county,  or 
city  and  county,  whence  he  is  committed.  Such  costs  include 
the  fees  of  the  medical  examiners  allowed  by  the  judge  order- 
ing the  commitment.  If  the  person  sought  to  be  committed  is 
not  a  poor  or  indigent  person,  the  costs  of  the  proceedings  are 
a  charge  upon  his  estate,  or  must  be  paid  by  persons  legally 
liable  for  his  maintenance,  unless  otherwise  ordered  by  the 
judge,  v  If  the  alleged  insane  person  is  adjudged  not  to  be 
insane,  the  judge  may.  in  his  discretion,  charge  the  costs  of  the 
proceedings  to 'the  person  making  the  application  for  an  order 
of  ccmmitment,  and  judgment  may  be  entered  against  him  for 
the  amount  thereof  and  enforced  bv  execution. 


LUNACY    LAW.  33 

2175a.  No  case  of  idiocy,  imbecility,  epilepsy,  harmless 
chronic  mental  unsoundness,  feeble-mindedness  or  acute  mania 
a  potu,  as  such,  shall  be  committed  to  or  confined  in  any  state 
hospital  for  the  care  and  treatment  of  the  insane ;  provided, 
when  any  such  person  becomes  insane  he  may  be  committed  to 
a  state  hospital  for  the  insane  as  in  this  act  provided. 

2176.  The  husband,  wife,  father,  mother,  or  children  of 
an  insane  person,  and  the  guardian  of  his  estate,  must  cause  him 
to  be  properly  and  suitably  cared  for  and  maintained,  and  must 
pay  the  costs  and  charges  of  his  commitment  and  transportation 
to  a  state  hospital  for  the  insane.     The  husband,  wife,  father, 
mother,  or  children  of  an  insane  person,  or  the  estate  of  such 
insane  person,  shall  be  liable  for  the  care,  support,  and  mainte- 
nance of  any  insane  person  in  a  state  hospital  for  the  insane  to 
which  he  has  been  or  may  hereafter  be  committed  or  trans- 
ferred. 

2177.  The   commission  may  inquire   into   the   manner  in 
which  any  insane  person,  not  confined  in  a  state  hospital,  is 
cared  for  and  maintained:  and  if.  in  its  judgment,  he  is  not 
properly  and  suitably  cared  for,  it  may  apply  to  a  judge  of  the 
superior  court  for  an  order  to  commit  him  to  a  state  hospital 
under  the  provisions  of  this  act.    Such  order  must  not  be  made 
unless  the  judge  finds,  and  certifies  in  the  order,  that  the  insane 
person  is  not  properly  or  suitably  cared  for  by  his  relatives  or 
guardian,  or  that  it  is  dangerous  to  the  public  to  allow  him  to 
be  cared  for  and  maintained  by  such  relatives  or  guardian. 

2178.  The  district  attorney  in  each  county  in  which  an 
order  of  commitment  is  made  must,  on  the  filing  of  a  copy  of 
such  order  with  the  county  clerk,  make  diligent  inquiry  into 
the  ability  of  the  person  committed  to  pay  the  charges  and 
costs  of  his  maintenance  and  care  while  in  a  state  hospital,  and 
must  notify  the  secretary  of  the  commission  of  the  result  of 
.such  inquiry. 

2179.  In  case  any  person  who  has  been  or  shall  hereafter 
be  committed  to  any  state  hospital  for  the  insane,  shall  be  or 
shall  hereafter  become  the  owner  of  any  property,  real  or  per- 
sonal, the  secretary  of  the  state  commission  in  lunacy,  in  case 
such  insane  has  no  guardian,  may  apply  to  a  court  of  competent 
jurisdiction  for  the  appointment  of  a  guardian  of  the  estate  of 
such  insane  person.     Where  an  insane  person  shall  die  in  a 
state  hospital  leaving  an  estate,  and  having  no  relatives  or 
guardian,  or  in  case  the  secretary  of  the  state  commission  in 
lunacy  shall  be  such  guardian,  such  secretary  may  apply  for 
letters  of  administration  on  such  estate,  but  shall  receive  no 
compensation  for  his  services  as  such  administrator  unless  the 
estate  shall  be  sufficient  to  pay  all  claims  against  said  estate. 

2180.  The  monthly  rate  for  the  care,  support,  and  mainte- 
nance of  all  insane  patients  at  state  hospitals  for  the  insane, 


CA 

I 


34  LUNACY    LAW. 

where  there  is  liability  to  pay  for  such  care,  support,  and  main- 
tenance, shall  be  fifteen  dollars  per  month  payable  in  advance; 
provided,  however,  the  medical  superintendent  of  a  state  hospi- 
tal for  the  insane  shall,  on  the  order  of  the  commission,  reduce 
or  remit  the  amount  to  be  paid  by  the  estate  or  the  relatives, 
as  the  case  may  be,  liable  for  the  care,  support,  and  mainte- 
nance of  any  insane  person  committed  thereto  and  confined 
therein,  on  satisfactory  proof  that  said  estate  or  said  relatives, 
as  the  case  may  be,  are  unable  to  pay  the  said  sum  of  fifteen 
dollars  per  month.  If  any  insane  person  die  at  any  time,  while 
his  estate  is  liable  for  his  care,  support,  and  maintenance  and 
other  expenses  at  a  state  hospital,  the  claim  for  such  amount 
as  may  be  due,  may  be  presented  to  the  executor  or  adminis- 
trator of  his  estate  and  paid  in  the  same  manner  as  are  other 
debts  and  claims  against  the  estate  of  a  deceased  person. 

2181.  if  said  insane  person  has  sufficient  estate  for  the 
purpose,  it  shall  bo  the  duly  of  the  guardian  of  his  estate  to  pay 
for  his  care,  support,  maintenance  and  necessary  expenses  at 
the  hospital  to  the  extent  of  the  estate.  Payment  for  said  care, 
support,  maintenance  and  expenses  may  he  enforced  by  the 
order  of  tiie  judu'o  of  the  superior  court  where  said  guardian- 
ship proceedings  are  pending.  On  the  filing  of  a  petition 
therein  by  the  secretary  of  the  commission,  showing  that  said 
guardian  has  failed,  refused  or  neglected  to  pay  for  said  care, 
support,  maintenance  and  expenses,  the  court,  by  order,  shall 
direct  the  payment  by  the  <juardian.  Such  order  may  be  en- 
forced in  the  same  manner  as  are  other  orders  of  the  court. 
If  there  is  not  at  any  lime  siiflicient  money  on  hand  in  the 
eslate  of  said  insane  person  to  pay  the  claim  of  a,  state  hospital 
for  tlie  care,  support,  maintenance  and  expenses  of  said  insane 
person  therein,  the  court  may.  on  petition  of  the  guardian  of 
the  estate,  or  if  said  uuardian  fails,  refuses  or  neglects  to  apply, 
on  the  petition  of  the  secretary  of  the  commission,  make  an 
order  direct  ing  the  iruardian  to  sell  so  much  of  the  other  per- 
sonal or  real  estate  or  both,  of  said  insane  person  as  may  be 
necessary  to  pay  for  the  care,  support,  maintenance,  and 
expenses  of  said  insane  person  at  said  hospital.  From  the  pro- 
ceeds of  such  sale,  the  guardian  shall  pay  the  amount  due  for 
the  care,  support,  maintenance,  and  expenses  at  said  hospital, 
and  also  such  other  charges  as  are  allowed  by  law;  provided, 
however,  payment  for  the  care,  support,  maintenance,  and 
expenses  of  any  insane  person  at  a  state  hospital  shall  not  be 
exacted  when  such  payment  will,  in  any  case,  where  there  is  a 
likelihood  of  such  insane  person  recovering  or  being  released 

om  said  hospital,  reduce  his  estate  to  that  extent,  in  the  event 
his  discharge  from  the  hospital,  he  is  likely  to  become  a 
burden  on  the  community. 

2181rt.     Whenever  any  money  or  personal  property  belong- 


LUNACY   LAW.  35 

ing-  to  any  patient  at  a  state  hospital  remains  uncalled  for  or 
unclaimed  by  the  person  or  persons  entitled  thereto  for  the 
possession  thereof,  for  a  period  of  at  least  three  years  after  the 
death  of  such  patient  or  his  escape  or  departure  on  parole, 
the  board  cf  managers  may  by  resolution  order  such  money 
paid  into  the  contingent  fund  of  the  hospital,  or  such  property 
sold  and  the  proceeds  thereof  into  such  fund.  A  careful  record 
of  any  proceedings  under  this  section  shall  be  kept,  and  if 
within  five  years  any  person  shall  establish  to  the  satisfaction 
of  the  board  of  managers,  a  right  to  any  such  money  or  prop- 
erty such  sum  may  be  appropriated  from  the  contingent  fund 
and  paid  to  the  person  entitled  to  such  money  or  property  as 
will  equal  the  amount  originally  paid  into  such  fund  without 
interest.  After  such  period  of  five  years  no  action  shall  be 
commenced  or  maintained  to  recover  money  or  the  value  of  the 
property  herein  referred  to. 

2182.  If  the  insane  person  has  no  estate  out  of  which  pay- 
ment of  the  amount  fixed  by  section  2180  can  be  enforced,  then 
his  relatives  made  liable  by  section  2176  may  be  compelled  to 
pay  such  amount  by  actions  against  them,  or  any  of  them, 
brought  by  the  commission  as  in  this  act  provided. 

2183.  All  peace  officers  and  other  persons  having  similar 
duties  relating  to  the  insane  poor  are  charged  with  the  duty 
of  seeing  that  all  poor  and  indigent  insane  persons  within  their 
respective  municipalities  are  speedily  granted  the  relief  con- 
ferred by  this  act,  and  when  so  ordered  by  a  superior  judge, 
must  see  that  they  are,  without  unnecessary  delay,  transferred 
to  the  proper  state  hospitals  provided  for  their  care  and  treat- 
ment.   Before  sending  a  person  to  any  such  hospital,  they  must 
see  that  he  is  in  a  state  of  bodily  cleanliness  and  comfortably 
clothed  with  new  clothes  in  accordance  with  the  regulations 
prescribed  by  the  commission.    It  may  by  order  direct  that  any 
person  whom  it  deems  unsuitable  therefor  shall  not  be  employed 
as  an  attendant  for  such  insane  person.    Afte'r  the  patient  has 
been  delivered  to  the  proper  officers  of  the  hospital,  the  care 
and  custody  of  the  county  or  municipality  from  which  he  is 
sent,  cease. 

2184.  When   the   relatives,   friends,   or   guardians   of   an 
insane  person  desire  him  to  receive  homeopathic  treatment,  he 
may  be  committed  to  the  Southern  California  State  Hospital 
from  any  county  of  the  state,  in  the  discretion  of  the  judge 
granting  the  order  of  commitment,  if  the  crowded  condition  of 
that  hospital  does  not  preclude  his  admission  to  the  detriment  of 
other  patients. 

2185.  Except  as  in  this  chapter  provided  all  patients  ad- 
mitted to  a  state  hospital  shall  be  duly  committed  thereto  and 
shall  be  subject  to  the  general  rules  and  regulations  of  the 
hospital.     The  medical  superintendent  may,  with  the  approval 


36  LUNACY   LAW. 

of  the  board  of  managers,  enter  into  a  special  agreement, 
secured  by  a  properly  executed  bond,  with  the  relatives,  guar- 
dian or  friend  of  any  patient  therein,  for  his  care,  support, 
maintenance  or  other  expenses  at  the  hospital,  said  agreement 
and  bond  shall  be  to  the  people  of  the  State  of  California  and 
action  to  enforce  the  same  may  be  brought  thereon  by  the  com- 
mission. All  bills  due  under  the  provisions  of  this  section  shall 
be  collected  monthly.  But  no  patient  must  be  permitted  to 
oecup3r  more  than  one  room  in  any  state  hospital,  nor  must  any 
patient,  his  guardian,  friends  or  relatives,  be  permitted  to  pay 
for  his  care  and  treatment  therein,  a  sum  greater  than  ten 
dollars  per  week. 

2185«.  The  commission  may  authorize  the  medical  super- 
intendent of  any  state  hospital  for  the  insane  to  admit  thereto 
any  insane  soldier  or  sailor  in  the  service  of  the  United  States, 
provided  there  is  room  therein,  on  such  terms  as  ma\  }><•  agreed 
upon  between  the  medical  superintendent  of  the  hospital  and 
the  properly  anthori/ed  agents,  officers  or  representatives  of  the 
Tinted  States  government,  and  approved  by  the  commission. 

2185/>.  Pursuant  to  rules  and  regulations  •established  by 
the  state  commission  in  lunacy,  the  medical  superintendent  or 
person  in  charge  of  any  stale  hospital,  except  the  Folsom  State 
Hospital,  may  receive  and  detain  in  such  state  hospital,  as  a 
boarder  and  patient,  any  person  suffering  from  mental  disease, 
who  is  a  suitable  person  for  care  and  treatment  in  such  state 
hospital,  and  who  shall  voluntarily  make  a  written  application 
to  the  medical  superintendent  or  person  in  charge  thereof  for 
admission  into  sitrh  hospital  for  care  and  treatment,  and  who 
is  in  such  condition  of  mind,  at  the  time  of  making  such  appli- 
cation for  admission,  as  to  render  him  competent  to  make  such 
application.  Any  such  person  received  and  detained  in  a  state 
hospital  shall  be  deemed  a  voluntary  patient.  Any  person 
received  into  a  state  hospital  under  such  voluntary  application 
shall  not  be  detained  therein  for  more  than  seven  days  after 
having  given  notice,  in  writing:,  to  the  medical  superintendent 
or  person  in  charge  of  such  hospital  of  his  desire  to  leave  such 
hospital.  The  charges  for  the  care  and  keeping  of  such  person 
in  such  hospital  shall  be  governed  by  the  provisions  of  the 
Political  Code  relating  to  the  charges  for  the  care  and  keeping 
of  insane  persons  in  state  hospitals.  Upon  the  admission  of  a 
voluntary  patient  to  a  state  hospital,  the  medical  superin- 
tendent or  person  in  charge  shall  immediately  forward  to  the 
office  of  the  state  commission  in  lunacy  the  record  of  such  vol- 
untary patient,  showing  the  name,  .resident,  age,  sex,  nativity, 
occupation,  civil  condition,  date  of  admission  of  such  patient 
to  such  hospital,  and  such  other  information  as  may  be  required 
by  the  rules  and  regulations  of  said  commission.  The  state 
commission  in  lunacy  shall  establish  such  rules  and  regulations 


LUNACY    LAW.  37 

as  may  be  necessary  to  properly  carry  out  the  provisions  of  this 
section. 

2185c.  Whenever  it  appears  by  affidavit  to  the  satisfac- 
tion of  a  magistrate  of  a  county,  or  city  and  county,  that  any 
person  is  so  far  addicted  to  the  intemperate  use  of  narcotics 
or  stimulants  as  to  have  lost  the  power  of  self-control,  or  is 
subject  to  dipsomania  or  inebriety,  he  must  issue  and  deliver  to 
some  peace  officer  for  service,  a  warrant  directing  that  such 
person  be  arrested  and  taken  before  a  judge  of  the  superior 
court  for  a  hearing  and  examination  on  such  charge.  Such 
officer  must  thereupon  arrest  and  detain  such  person  until  a 
hearing  and  examination  can  be  had.  At  the  time  of  the  arrest 
a  copy  of  said  affidavit  and  warrant  of  arrest  must  be  per- 
sonally delivered  to  said  person.  Such  affidavit  and  warrant 
of  arrest  must  be  substantially  in  the  form  provided  by  -section 
2168  of  the  Political  Code  for  the  arrest  of  a  person  charged 
with  insanity.  He  must  be  taken  before  a  judge  of  the  superior 
court,  to  whom  said  affidavit  and  warrant  of  arrest  must  be 
delivered  to  be  filed  with  the  clerk.  The  judge  must  then 
inform  him  of  the  charge  against  him,  and  inform  him  of  his 
rights  to  make  a  defense  to  such  charge  and  produce  any  wit- 
nesses in  relation  thereto.  The  judge  must  by  order  fix  such 
time  and  place  for  the  hearing  and  examination  in  open  court 
as  will  give  a  reasonable  opportunity  for  the  production  and 
cxamiimticn  of  witnesses.  Such  order  must  be  entered  in  the 
minutes  of  the  court  by  the  clerk  and  a  certified  copy  of  the 
same  served  on  such  person.  The  judge  may  also  order  that 
notice  of  the  arrest  of  such  person  and  the  hearing  of  the 
charge  be  served  on  such  relatives  of  said  person  known  to  be 
residing  in  the  county,  as  the  court  may  deem  necessary  or 
proper.  The  hearing  and  examination  shall  be  had  in  com- 
pliance with  the  provisions  of  sections  2169  and  2170  of  the 
Political  Code.  /The  judge,  after  such  hearing  and  examination, 
if  he  believes  the  person  is  so  far  addicted  to  the  intemperate 
use  of  narcotics  or  stimulants  as  to  have  lest  the  power  of  self- 
control,  or  is  subject  to  dipsomania  or  inebriety,  must  make  an 
order  that  he  be  confined  in  a  hospital  for  the  care  and  treat- 
ment of  the  insane,  designated  in  such  order,  and  the  order 
must  be  accompanied  by  a  Avritten  statement  of  the  judge  as 
to  the  financial  condition  of  the  patient  and  of  the  persons 
legally  liable  for  his  maintenance,  as  far  as  can  be  ascertained; 
pr<n'i<!«!,  that  before  a  person  shall  be  committed  to  a  state 
hospital,  satisfactory  evidence  shall  be  submitted  to  the  trial 
jiuUe  showing  that  the  person  to  be  committed  is  not  of  bad 
repute  or  bad  character,  apart  from  his  or  her  habit  for  which 
the  commitment  is  made,  arid  that  there  is  reasonable  ground 
for  believing  that  the  person,  if  committed,  will  be  permanent ly 
benefited  by  treatment.  Such  order  and  statement  shall  be  in 


38  LUNACY    LAW. 

substantially  the  form  provided  by  section  2171  of  the  Political 
(1ode  for  the  commitment  of  insane  persons.  The  court  shall 
commit  such  person  for  a  definite  period,  not  to  exceed  two 
years,  but  provided  that  he  may  be  paroled  by  the  medical 
superintendent  under  the  same  rules  and  conditions  that  the 
insane  are  paroled;  and  /tron'thd.  fnrfli<r,  that  the  state  com- 
mission in  lunacy  shall  lie  Driven  the  same  power  to  discharge 
any  pel. son  committed  under  1his  act  as  contained  in  section 
2189  of  the  Political  Code,  upon  Ihe  recommendation  of  the 
hospital  superintendent,  when  satisfied  that  such  person  will 
not  receive  substantial  benefit  from  further  hospital  treatment. 
Such  person  shall  be  delivered  to  the  state  hospital  for  the 
insane  to  which  In-  has  been  committed  in  compliance  with  the 
provisions  of  section  2172  of  the  Political  Code,  providing  for 
the  commitment  and  deliverance  (»f  ;m  insane  person. 

2186.  Every   superintendent,    or   person    in   charge    of   a 
state  hospital,  must,  within  three  days  after  the  reception  of  a 
patient  or  patients  make  or  cause  to  be  made  a  thoroiiLMi  phys- 
ical   and    mental    examination    of  such    patient    or    inmate,   and 
state  the  result  thereof,  on  blanks  prepared  and  exclusively  set 
apart  for  that  purpose.      He  must    also  make,  or  cause  to  be 
made,    from    time   to   time,    examination   of  the   mental    state, 
bodily    condition,    and    medical    treatment    of   such    patient   or 
inmate,  in  such  manner,  and  state  its  results,  upon  such  blank 
form*,   as   shall    be  approved  by  the  commission,   during  the 
time  such    patient    or   inmate   remains   under   his  care,   and  in 
the  event  of  the  death  or  discharge  if  such   person,   he  must, 
state,   upon   such   blank    forms,   the  circumstances  thereof,   and 
make  such  examinations  at  such  other  intervals  of  time  and  in 
such  form  as  may  be  required  by  the  commission. 

2187.  1.  When  the  building  of  any  state  hospital  becomes 
overcrowded  with  patients  or  inmates,  or  the  number  of  build- 
in  jrs  is  reduced  by  tire,  or  other  casualties,  or  for  other  suffi- 
cient cause,  the  commission   may.   in    its  discretion,  cause  the 
transfer  of  patients  or  inmates  therefrom  or  direct  that  patients 
or  inmates  required  to  be  sent  thereto,  lie  transferred  to  another 
state   hospital,   where   they    can   be   conveniently   received,   or 
make,    in    emergencies,    temporary    provision    for   their    care, 
preference  to  be  given  in  such  transfer  to  a  hospital  in  an 
adjoining  rather  than  a  remote  district.     The  expense  of  su»-h 
transfer  is  chargeable  to  the  state,  and  the  bills  for  the  same, 
when  approved  by  the  commission,  must  be  paid  by  the  treas- 
urer of  state  on  the  warrant  of  the  controller,  out  of  any  moneys 
provided  for  the  care  or  support  of  the  insane. 

'2.  Patients  may  be  transferred  at  the  request  of  relatives  or 
friends:  provided,  there  is  room  in  the  hospital  to  which  trans- 
f'T  is  sought,  but  in  case  of  transfers  made  as  last  provided  the 
expense  of  such  transfers  shall  be  paid  by  such  relatives  or 


LUNACY    LAW.  39 

friends ;  provided,  further,  that  transfers  as  last  provided,  shall 
not  be  made  unless  the  consent  of  the  commission  and  the 
medical  superintendents  of  the  hospitals  from  which  and  to 
which  said  transfer  is  to  be  made  be  obtained. 

3.  The  commission,  when  it  deems  it  necessary,  may  transfer 
any  inmate  of  the  home  for  feeble-minded  for  care  and  treat- 
ment to  a  state  hospital  for  the  insane  for  care  and  treatment 
therein  and  the  counties,  guardian,  relatives  or  friends  of  such 
inmate  shall  be  liable  for  his  care,  support  and  maintenance  in 
said  hospital  for  the  insane  in  the  same  manner  and  to  the 
same  extent  as  if  the  said  patient  had  been  originally  committed 
to  the  said  state  hospital  at  the  date  of  such  transfer.  The 
commission,  when  it  deems  it  necessary,  may  transfer  any 
patient  in  any  state  hospital  for  the  insane  to  the  said  home 
for  care  and  treatment  therein.  The  estate,  relatives  or  friends 
of  such  patient,  or  the  county  from  which  such  patient  was 
originally  committed,  shall  bo  liable  for  the  care,  support,  and 
maintenance  of  such  patient  at  the  paid  home  in  the  same 
manner  and  to  the  same  extent  as  if  the  said  patient  had  been 
originally  committed  to  the  said  home  at  the  date  of  such 
1  ransfer. 

2188.  Any  one   in   custody   as   an   insane  or  incompetent 
]x  T.son  is  entitled  to  a  writ  of  habeas  corpus,  upon  a  proper 
application  made  by  the  commission,  by  snch  person,  a  relative 
or  friend  in  his  behalf  to  the  superior  judge  of  the  county  in 
which  the  hospital   is  located.     Tprn  the  return  of  such  writ, 
the  fact  of  his  insanity  or  incompetency  must  be  inquired  into 
and    determined.      The   medical    history   of  such  person   as  it 
appears  in  the  clinical  record,  must  be  given  in  evidence,  and 
the  superintendent  in  charge  of  the  state  hospital  wherein  such 
person  is  held  in  custody,  and  any  other  person,  must  be  sworn 
touching  the  mental  condition  of  such  person. 

2189.  The  superintendent  of  a  state  hospital  on  filing  his 
written  certificate  with  the  secretary  of  board  of  managers, 
may  discharge  any  patient,  except  one  held  upon  an  order  of 
a  court  or  judge  having  criminal  jurisdiction  in  an  action  or 
proceeding  arising  out  of  a  criminal  action  or  proceeding  aris- 
ing out  of  a  criminal  offense,  at  any  time,  as  follows : 

A  patient  who,  in  his  judgment,  has  recovered; 

Any  patient  who  is  not  recovered,  but  whose  discharge,  in  the 
judgment  of  the  superintendent,  will  not  be  detrimental  to  the 
public  welfare,  or  injurious  to  the  patient.  The  medical  super- 
intendent may,  when  he  deems  it  advisable,  refuse  to  discharge 
any  patient  as  improved,  unless  the  guardian,  friends  or  rela- 
tives of  such  patient  shall  satisfy  such  medical  superintendent 
that  they  are  financially  able  and  willing  to  properly  care  for 
such  patient  after  his  discharge.  When  the  superintendent  is 
unwilling  to  certify  to  the  discharge  of  an  unrecovered  patient, 


40  LUNACY    LAW. 

upon  request,  and  so  certifies  in  writing,  giving  his  reasons 
therefor,  any  superior  judge  of  the  county  in  which  the  hospital 
is  situated  may,  upon  such  certificate,  and  an  opportunity  of  a 
hearing  thereon  being  accorded  the  superintendent,  and  upon 
other  proofs  as  may  be  produced  before  him,  direct,  by  order, 
the  discharge  of  such  patient,  upon  such  security  to  the  people 
of  the  state  as  he  may  require  for  the  good  behavior  and  main- 
tenance of  the  patient.  Tin1  certificate  and  the  proof,  and  the 
order  granted  thereon,  must  be  filed  in  the  clerk's  office  of  the 
county  in  which  the  hospital  is  situated,  and  a  certified  copy 
of  the  order  in  the  hospital  from  which  the  patient  is  dis- 
charged. 

The  superintendent  may  grant  a  parole  to  a  patient,  not 
exceeding  thirl y  days,  under  general  conditions  prescribed  by 
the  commission. 

A  patient  committed  to  a  hospital  under  the  provisions  of 
chapter  six.  title  ten.  pact  two.  of  the  Penal  Code,  must,  upon 
the  certificate  of  the  superintendent  that  sueli  person  has 
recovered,  approved  by  the  superior  jiid<re  of  the  county  from 
which  the  patient  was  committed.  In-  redelivered  to  the  sheriff 
of  sue!)  county,  and  dealt  with  as  provided  for  by  said  chapter 
six  of  the  iVnal  Code. 

The  medical  superintendent  of  a  state  hospital  may  on  his 
own  motion  and  must  on  the  order  of  the  commission,  discharge 
any  patient  who  is  not  insane,  or  because  he  is  not  a  proper 
case  for  treatment  therein,  nr  bemuse  such  patient  is  a  case 
of  idiocy,  imbecility,  chronic  harmless  mental  unsoundness  or 
acute  mania  a  potn.  Such  person,  when  discharged,  shall  be 
returned  to  the  county  from  which  lie  was  committed  at  the 
expense  of  said  county.  When  such  person  is  a  poor  and  indi- 
gent person  he  shall  be  delivered  to  the  sheriff  of  the  county 
who  must  take  the  necessary  steps  for  the  care  of  such  person. 
When  such  person  is  a  poor  and  indigent  person  he  shall  be 
cared  for  by  such  county  as  are  other  indigent  poor.  When 
any  person  is  discharged  from  any  state  hospital  as  is  last 
herein  provided  he  shall  not  be  again  committed  to  any  state 
hospital  for  the  insane  unless  permission  for  such  recommit- 
ment be  first  obtained  from  the  medical  superintendent  thereof. 
Such  medical  superintendent  shall  refuse  to  receive  such  person 
on  such  recommitment  unless  such  permission  is  obtained  as 
herein  provided. 

^  When  any  person  is  discharged  as  recovered  from  a  state 
hospital  a  copy  of  the  certificate  of  discharge  duly  certified  by 
the  secretary  of  the  board  of  managers,  may  be  filed  for  record 
with  the  clerk  of  the  superior  court  of  the  county  from  which 
said  person  was  committed.  The  clerk  shall  record  the  same 
in  a  book  kept  for  that  purpose  and  shall  keep  an  index  thereof. 
Xo  fees  shall  be  charged  by  the  clerk  for  performing  such 


LUNACY   LAW.  41 

duties.  Such  certified  copy  of  such  certificate  and  the  record 
of  the  same  shall  have  the  same  legal  effect  as  the  original,  and 
if  no  guardian  has  been  appointed  for  such  person  as  provided 
by  sections  seventeen  hundred  and  sixty-three  and  seventeen 
hundred  and  sixty-four  of  the  Code  of  Civil  Procedure,  such 
certificate,  duly  certified  copies  thereof  and  such  record  thereof 
sh;ill  have  the  same  legal  force  and  effect  as  a  judgment  of 
restoration  to  capacity  made  under  the  provisions  of  section 
seventeen  hundred  and  sixty-six  of  the  Code  of  Civil  Procedure. 
The  term  patient  as  used  in  this  section  shall  be  regarded  as 
referring  to  and  including  inmates  of  the  home  for  the  feeble- 
minded. 

Whenever  any  person  duly  adjudged  to  be  insane  has  been 
duly  committed  to  a  state  hospital  for  the  insane  under  the  pro- 
visions of  any  law  of  this  state,  and  for  whom  no  guardian 
has  been  appointed,  and  who  is  absent  from  the  hospital  to 
which  he  was  committed  or  transferred  under  the  order  of  com- 
mitment, on  parole  or  leave  of  absence  granted  by  the  medical 
superintendent  thereof,  or  who  has  been  discharged  therefrom 
as  improved  by  said  superintendent  as  provided  by  this  section, 
is  desirous  of  being  declared  sane  and  restored  to  legal  capacity, 
said  insane  person  or  a  relative  or  friend  on  his  behalf  may 
make  application  in  writing  to  said  medical  superintendent  to 
be  declared  sane.  On  receiving  such  application,  said  medical 
superintendent  may  make  such  examination  of  such  person 
and  require  such  proof  as  he  may  reasonably  deem  necessary 
to  determine  whether  or  not  such  person  is  sane.  For  the  pur- 
pose of  making  such  examination  said  superintendent  may 
also  require  said  person  to  present  himself  at  the  hospital  for 
examination.  If  on  making  such  examination  and  receiving 
such  proofs  as  he  deems  reasonably  necessary  said  medical 
superintendent  shall  be  satisfied  that  said  person  is  sane  and 
has  recovered  his  reason,  said  medical  superintendent  shall 
issue  to  said  person  his  certificate  that  such  person  is  sane,  and 
recovered  and  restored  to  reason.  A  copy  thereof,  duly  cer- 
tified, shall  be  immediately  forwarded  to  the  state  commission 
in  lunacy,  who  shall  file  the  same  in  their  office.  A  copy  thereof 
shall  also  be  filed  at  said  hospital  and  a  proper  record  made 
thereof. 

If  said  medical  superintendent  is  unwilling  or  refuses,  how- 
ever, to  issue  a,  certificate  of  recovery  upon  application  as  in 
this  section  provided,  he  shall  so  certify  in  writing,  giving  his 
reasons  therefor,  and  said  insane  person  or  a  relative  or  friend 
in  his  behalf  may  make  application  by  petition  duly  verified 
to  a  judge  of  the  superior  court  of  the  county  where  such 
insane  person  resides  to  be  declared  sane.  Notice  of  the  hear- 
ing of  said  application  shall  be  given  in  the  manner  directed 
by  a  judge  of  said  court,  to  said  medical  superintendent,  and 


42  LUNACY    LAW. 

to  such  relative  or  relatives  of  such  insane  person  residing  in 
the  county  as  the  judge  may  direct,  who  may  have  opportunity 
to  appear  and  be  heard  on  the  hearing  of  said  application. 
Such  hearing  shall  be  conducted  as  are  civil  cases,  and  on 
demand  of  the  petitioner  the  question  of  the  insanity  of  such 
person  may  be  tried  by  a  jury,  as  in  civil  cases.  If  on  the 
hearing  of  said  application  the  court  is  satisfied  from  the 
proofs  produced  or  if  a  jury  trial  is  had,  and  the  jury  shall 
render  a  verdict  that  such  person  is  sane,  the  court  shall  by 
order  adjudge  Midi  person  to  be  sane.  Said  order  shall  be  filed 
and  recorded  in  tin-  office  of  the  county  clerk  and  certified 
copies  thereof  shall  ho  sent  by  said  clerk  and  filed  with  the 
state  commission  in  lunacy  ami  also  \vi1h  the  superintendent 
of  the  hospital  from  which  said  insane  person  was  paroled, 
granted  leave  of  ahsenee  m-  discharged  as  improved.  If  said 
matter  is  tried  by  a  jury  the  cause  airaiust  said  insane  person 
shall  be  represented  l>\  the  district  attorney  of  the  county. 
From  a  decision  of  the  court  or  verdict  of  the  jury  finding  the 
said  person  insane  an  appeal  may  be  taken  as  in  civil  cases. 
If  three  fourths  of  the  jury  fail  to  declare  said  perse n  sane. 
or  the  court  or  the  jury  shall  find  such  person  to  be  insane, 
said  proceeding  shall  l>e  dismissed  and  no  new  application  to 
declare  such  person  sane  shall  he  made  for  six  months  there- 
after. 

Whenever  any  person  who  has  been  adjudged  to  be  insane, 
who  has  not  been  committed  to  a  state  hospital  for  the  insane, 
and  who  lias  no  guardian,  is  desirous  of  being  declared  sane 
and  restored  to  legal  capacity,  said  insane  person  or  a  relative 
or  friend  on  his  behalf  may.  by  petition  duly  verified,  make 
application  to  a  judge  of  the  superior  court  where  he  resides  to 
be  declared  sane;  said  judge  shall  fix  a  time  for  the  hearing 
of  said  application,  and  he  may,  by  order,  direct  that  notice 
of  said  hearing  be  given  in  the  manner  and  to  such  relative  or 
relatives  of  said  person  residing  in  the  county  where  such  appli- 
cation is  made,  as  the  judge  may  direct,  who  shall  have  oppor- 
tunity to  appear  and  be  heard  at  said  hearing.  Such  hearing 
shall  be  conducted  as  are  civil  cases,  and  on  demand  by  the 
petitioner  may  be  tried  before  a  jury  as  are  civil  cases.  If  on 
said  hearinir  the  decision  of  the  court  or  the  verdict  of  the  jury 
is  that  such  person  is  insane,  an  appeal  may  be  taken  to  the 
supreme  court  as  in  civil  cases.  If  the  court  shall  decide  or  the 
jury  shall  render  a  verdict  declaring  said  person  to  be  sane, 
the  court  shall  make  an  order  declaring  said  person  to  be  sane. 
If  three  fourths  of  the  jury  fail  to  unite  in  a  verdict,  or  the 
court  or  jury  shall  decide  that  such  person  is  insane,  .sue}] 
proceeding  shall  be  dismissed,  and  no  new  application  to  have 
such  person  declared  sane  shall  be  made  for  six  months  there- 
after. 


LUNACY    LAW.  43 

Before  any  order  is  made  or  any  proceedings  are  taken  for 
a  trial  by  jury,  the  person  demanding  the  same  shall  make 
a  deposit,  or  give  a  bond,  to  be  approved  by  a  judge  of  the 
superior  court  where  proceedings  are  had  for  the  payment  of 
all  costs  of  such  trial,  unless,  in  the  opinion  of  said  judge,  the 
insane  person  in  whose  behalf  said  trial  is  demanded  is  a  poor 
or  indigent  person. 

The  certificate  of  recovery  by  the  medical  superintendent, 
the  order  of  the  judge  or  the  verdict  of  a  jury  and  the  order 
of  the  jud^e  as  in  this  section  provided,  shall  have  the  same 
legal  el'f'ccl  as  a  discharge  as  recovered,  and  shall  be  prima  facie 
evidence  of  the  sanity  of  such  person. 

2190.  Xo  patient  or  inmate  must  be  discharged  from  a 
state  hospital  without  suitable  clothing  adapted  to  the  season 
in  which  he  is  discharged;  and,  if  it  can  not  otherwise  be 
obtained,  the  steward  must,  upon  the  order  of  the  superinten- 
dent, furnish  the  same  and  money,  not  exceeding  twenty-five 
dollars,  to  defray  his  necessary  expenses  until  he  can  reach 
his  relatives  or  friends,  or  iind  employment  to  earn  a  sub- 
sistence. 

2190a.  When  any  patient  or  inmate  has  escaped  from 
any  state  hospital  it  shall  be  the  duty  of  the  sheriff  of  any 
county  in  which  he  may  be  found,  to  arrest  said  patient  or 
inmate  and  deliver  him  to  any  person  authorized  by  the  medical 
superintendent  to  receive  him. 

2191.  If  any  order  is  issued  by  any  judge  committing  to 
a  state  hospital  a  poor  or  indigent  person  who  has  not  been 
a  legal  resident  of  this  state  for  a  period  of  at  least  one  year, 
the  commission  may  in  its  discretion  return  said  person,  either 
before  or  after  his  admission  to  the  state  hospital,  to  the 
country  or  state  to  which  he  belongs,  and  for  such  purpose  may 
expend  as  much  of  the  money  appropriated  for  the  care  of  the 
insane  or  incompetent  as  may  be  necessary,  subject  to  the 
approval  of  the  state  board  of  examiners.  The  medical  super- 
intendent of  a  state  hospital  is  required  to  immediately  notify 
the  commission  if  there  is  any  question  as  to  the  propriety  of 
the  commitment  or  detention  of  any  person  received  at  such 
hospital,  and  said  commission  upon  such  notification  shall 
inquire  into  the  matter  presented  and  take  such  action  as  may 
be  deemed  proper  in  the  premises. 

2192.  Whenever  any  parent,  guardian,  or  other  person 
charged  with  the  support  of  an  imbecile  or  feeble-minded  per- 
son, or  any  idiot,  or  epileptic  who  is  not  insane,  desires  him  to 
be  admitted  into  the  home  for  feeble-minded,  he  may  petition 
the  superior  court  of  the  county  in  which  he  resides,  for  an 
order  admitting  such  person  to  such  hospital.  The  judge  must 
inquiry  into  the  condition  or  status  of  such  person,  and  if  he 
finds  him  to  be  an  imbecile,  feeble-minded  person,  idiot  or 


4-!: 

epileptic,  and  that  he  has  been  a  resident  of  the  state  for  one 
vear  next  preceding  the  presentation  of  the  {)etition.  such  judge 
must  make  ;m  order  that  he  he  received,  maintained,  and  edu- 
cated in  such  hospital,  and  on  the  presentation  of  such  order 
the  superintendent  must  receive  him  therein,  if  the  hospital 
is  nut  already  full,  or  the  fund  available  for  its  support 
exhausted:  but  the  imbecile,  feeble-minded  person,  idiot.  OF 
epileptic,  need  not  be  received  if.  in  tlie  judgment  of  the  man- 
a.uviin  lit  of  the  hospital  or  the  commission,  lie  is  not  a  suitable 
subject  lor  admission  thereto.  'Flic  judire  must  inquire  into 
the  financial  condition  of  the  parent,  guardian,  or  other  person 
charued  with  the  support  rf  any  such  person,  and  if  he  finds 
him  able,  in  whole  or  in  part,  to  pay  its  expenses  at  such  hos- 
pital, he  must  make  a  further  order  requiring  such  parent. 
guardian,  or  other  person  charged  with  the  support  of  such  per- 
son to  pay  In  the  hospital  at  slated  periods  such  sums  as.  i:i  the 
opinii  n  of  the  jud.iro.  are  proper  during  such  time  as  the  per- 
son may  remain  in  such  hospital.  This  order  may  be  enforced 
by  such  further  orders  as  the  judire  deems  necessary,  and  may 
be  varied,  altered,  or  revoked  in  his  discretion,  and  the  board 
of  managers  may.  with  the  approval  of  the  commission,  cause 
the  poremptrry  discharge  of  any  person  who  has  been  an 
inmate  or  patient  for  the  period  of  one  month.  Kor  each  child 
or  other  person  committed  to  such  home  there  shall  be  paid  by 
the  county  from  which  he  is  committed  to  the  state  treasury 
the  sum  of  ten  dollars  monthly  for  and  during  each  month,  or 
part  of  month,  such  person  so  committed  remains  an  inmate  Of 
the  hospital,  in  case  the  payments  herein  provided  to  be  made 
by  the  parent.  Lvuardian.  or  other  person  diarized  with  the  sup- 
port of  any  such  person  shall  not  be  made. 

2193.  Each  county  auditor  must  include  in  his  state 
settlement  report  rendered  to  the  controller  in  the  months  of 
May  and  December  the  amount  due  the  state  under  this  act  by 
reason  of  commitments  to  the  home  for  feeble-minded:  and  the 
county  treasurer,  at  the  time  of  the  settlement  with  the  state 
in  such  months,  must  pay  to  the  state  treasurer,  upon  the  order 
of  the  controller,  the  amounts  found  to  be  due  to  the  state  by 
reason  of  the  commitments  herein  referred  to.  In  the  event 
of  the  failure  of  the  county  auditor  or  county  treasurer  to  do 
or  perform  any  of  the  thinus  required  in  this  section,  the  state 
commission  in  lunacy  may  require  the  county  treasurer  by  writ 
cf  mandate  to  pay  to  the  state  treasurer  upon  an  order  of  the 
controller  all  amounts  found  to  be  due  to  the  state  as  aforesaid 
at  the  time  of  the  next  settlement  of  the  said  county  treasurer 
with  the  state,  and  it  shall  be  no  defense  to  such  a  proceeding 
that  the  county  auditor  has  failed  to  include  such  sums  in  his 
said  report  rendered  to  the  controller,  and  it  shall  not  be  neces- 
sary for  the  said  commission  to  allege  or  prove  any  fact  with 


LUNACY    LAW.  45 

relation  to  the  condition  of  the  funds  of  the  county.  The  said 
commission  may.  in  its  discretion,  recover  sums  due  from  coun- 
ties as  in  this  chapter  provided,  by  the  presentation  of  claims 
against  the  board  of  supervisors,  and  recovery  may  be  had  on 
all  sums  due  the  state  for  a  period  of  three  years  next  prior  to 
the  presentation  of  any  such  claims. 

2194.  The  board  of  managers,  when  the  accommodations  of 
the  home  for  feeble-minded  permit,  if  such  action  does  not  con- 
flict with  the  interests  or  welfare  of  committed  cases  or  appli- 
cants a  waiting  admission,  may  admit,  for  any  stated  period  of 
time,  without  judicial  commitment,  such  persons  as  are  before 
and  hereinafter  specified  as  eligible  for  admission,  upon  such 
terms  of  special  payment,  gift,  bequest,  donation,  legacy,  trans- 
fer of  real  or  personal  property,  or  other  lawful  procedure,  as 
may  appear  to  them  to  be  to  the  best  interests  of  the  state,  and 
may  further  secure  to  the  said  home  for  the  time  such  person 
so  admitted  {ire  inmates  of  the  home  such  revenue  or  compensa- 
tion as   hilly  ceveis  the  actual  cost  of  the  home  for  all  care, 
treatment,    education,    and    support    therein     involved.      The 
incneys  received  for  the  use  of  the  hospital  as  in  this  chapter 
provided  shall  be  paid  into  the  contingent   fund  of  the  hospital 
and  may  he  expended  by  the  managers  as  is  provided  in  section 
twenty-one  hundred  and  fifty-eight   relating  to  the  contingent 
funds  of  slate  hospitals.     Actions  to  recover  the  amounts  due 
under  this  section  may  be  brought  by  the  commission   in  the 
manner  provided  by  sect  ion  2197  of  this  chapter. 

2195.  Nothing  in   this  chapter  contained  interferes  with 
or  affects  the  status  of  such  inmates  as  may  now  be  in  the  home 
for  feeble-minded  under  terms  of  life  tenure.    For  all  cases  the 
commission  is  authorized  an<!  directed  to  secure  from  the  proper 
officers  of  the  several  counties  whence  the  inmates  were  com- 
mitted or  received,  such  arrangements  for  commitment  under 
the  terms  of  this  act  as  may  prevent  such  inmates  becoming  a 
sole  charge  upon  the  state. 

2196.  Xo  person,  association,  or  corporation,  must  estab- 
lish or  keep  an  institution  for  the  care,  custody,  or  treatment  of 
the  insane,  alleged* insane  or  other  incompetent  persons  referred 
to  in  this  act  for  compensation  or  hire,  without  first  obtaining  a 
license  therefor  from  the  commission.     Every  application  for 
such  license  must  be  accompanied  by  a  plan  of  the  premises  pro- 
posed to  be  occupied,  describing  the  capacities  of  the  buildings 
for  the  uses  intended,  the  extent  and  location  of  grounds  appur- 
tenant  thereto,   and   the  number  of  patients  proposed  to  be 
received  therein,  with  such  other  information,  and  in  such  form, 
as  the  commission  may  require.    The  commission  must  not  grant 
any  such  license  without  first  having  made  an  examination  of 
the  premises  proposed  to  be  licensed.     It  must  be  satisfied  that 
they  are  substantially  as  described,  and  are  otherwise  fit  and 


46  LUNACY    LAW. 

suitable  for  the  purposes  for  which  they  are  designed  to  be 
used,  and  that  such  license  should  be  granted.  The  commission 
may  at  any  and  all  times  examine  and  ascertain  how  far  a 
licensed  institution  is  conducted  in  compliance  witli  the  license 
therefor,  and  after  due  notice  to  the  institution,  and  oppor- 
tunity for  it  to  be  heard,  the  commission,  having  made  a  record 
of  the  proceeding  upon  such  hearing,  may,  if  the  interests  of 
the  inmates  of  the  institution  so  demand,  for  just  and  reason- 
able cause  then  appearing,  and  to  be  .stated  in  its  order,  amend 
or  revoke  any  such  license  by  an  order  to  take  effect  within  such 
time  after  the  service  then-lit'  upon  the  licensee,  as  the  commis- 
sion determines.  The  authorities  of  each  institution  for  insane 
pei-sons  or  other  incompetents  must  place  on  tile  in  the  office  of 
the  institution  the  recommendations  made  by  the  commissioners, 
as  a  result  of  their  visits,  for  the  purpose  of  consultation  by 
such  authorities,  and  for  reference  by  the  commissioners  upon 
their  visits.  Kvery  private  inslitutien  for  the  care  and  treat- 
ment of  insane  IT  oilier  incompetent  persons  referred  to  in  this 
chapter  shall  keep  records  of  every  person  admitted  thereto,  in 
the  same  manner  and  Form  prescribed  for  state  hospitals,  and 
shall  furnish  to  the  commission  when  required  the  facts  men- 
tioned iu  subdivision  seven  of  section  twenty-one  hundred  and 
forty-two.  The  commission  or  any  member  thereof  may  at  such 
times  as  such  commission  or  commissioners  choose  visit  and 
examine  any  hospital  or  institution  caring  for  and  treating 
insane,  alleged  insane,  or  incompetent  p.-i's-ns.  In  making  such 
visits  or  examination,  said  commission  or  any  member  thereof 
shall  exercise  the  same  powers  Bfl  are  conferred  on  them  by 
section  twenty-one  hundred  and  forty-three  of  this  chapter. 
If  any  person  or  persons  shall  carry  on  or  conduct  or  attempt 
to  carry  on  or  conduct  an  institution  for  the  care  or  treatment. 
or  for  the  care  and  treatment  of  the  insane  or  alleged  insane. 
or  incompetents  without  first  obtaining  a  license1  from  the  state 
commission  in  lunacy,  as  in  this  chapter  provided,  such  person 
or  persons  shall  be  deemed  guilty  of  a  misdemeanor  for  each 
violation  of  the  provisions  of  this  section,  and  on  conviction 
thereof  .shall  be  punished  by  imprisonment  in  a  county  jail  not 
exceeding  .six  months,  or  by  a  fine  not  exceeding  one  thousand 
dollars,  or  by  both  such  fine  and  imprisonment.  The  managing 
and  executive  officers  of  any  corporation  violating  the  provisions 
of  this  section  shall  be  liable  under  the  provisions  of  this  sec- 
tion in  the  same  manner  and  to  the  same  effect  as  a  private 
individual  violating  the  same. 

2197.  The  commission  may  in  its  own  name  bring  an 
action  to  enforce  payment  for  the  cost  of  determining  the  insan- 
ity of  any  person  and  securing  his  admission  into  a  state  hos- 
pital when  his  estate  or  any  person  is  liable  for  the  same,  or  to 
recover  fcr  the  use  and  benefit  of  any  state  hospital  or  for 


LUNACY    LAW.  47 

the  state  the  amount  due  for  the  care,  support,  maintenance 
and  expenses  of  any  patient  or  inmate  therein,  against  any 
county,  or  officer  thereof,  or  against  any  person,  guardian  or 
relative  liable  for  such  care,  support,  maintenance  and  expenses. 
2197a.  In  every  case  where  a  claim  is  presented  to  the 
county  for  money  due  under  the  provisions  of  section  1373  of 
the  Penal  Code,  interest  shall  be  allowed  from  the  date  of 
rejection,  if  rejected  and  recovery  be  finally  had  thereon. 

2198.  The  provisions  of  this  chapter  and  every  amend- 
ment thereto,  so  far  as  they  are  the  same  as  existing  statutes  or 
the  common  law  must  be  regarded  as  continuations  thereof,  and 
not  as  new  enactments. 

2199.  No    action   or   proceeding   commenced   before   this 
chapter  or  any  amendments  thereto,  takes  effect,  and  no  rights 
accrued  are  affected  by  its  provisions.    Any  action  or  proceed- 
ing commenced  before  this  chapter  or  any  amendment  thereto 
takes  effect  for  the  enforcement  of  any  right,  liability  or  obliga- 
tion accruing  before  this  chapter  or  any  amendment  thereto 
lakes  effect  may  be  maintained  and  prosecuted  to  final  deter- 
mination  in  the  manner   and  form  in  which  the  same  was 
brought.    After  this  chapter  takes  effect  all  actions  or  proceed- 
ings brought  for  the  enforcement  of  such  rights,  liabilities  and 
obligations  must  conform  to  the  provisions  of  this  chapter  as 
far  as  applicable. 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 


This  book  is  due  on  the  last  date  stamped  below,  or 

on  the  date  to  which  renewed. 
Renewed  books  are  subject  to  immediate  recall. 


nr.T  30  1959 

uCT  i  6  1959 

1960 

ULC5-  1963 

IWV  2  6  I9b9     2 

General  Library 
LD  21-50m-8,'57                                    University  of  California 
(.C8481slO)476                                                   Berkeley 

